eval vol manslaughter

Question 1

sexual infidelity: what does s55(6) state

Answer 1

sexual infidelity cannot be a qualifying trigger for loss of control

Question 2

sexual infidelity: what was s55(6) stating sexual infidelity not a qualifying trigger for LoC in response to

Answer 2

numerous cases where men had killed their partners on discovering such sexual infidelity

Question 3

sexual infidelity: why have the courts stated that sexual infidelity cannot be completely excluded

Answer 3

because it may form an important part of the circumstances of the loss of control as in CLINTON

Question 4

sexual infidelity: how can the courts approach be described

Answer 4

sensible- the legislation could be amended to confirm this

Question 5

recognised medical condition: what does the requirement of a recognised medical condition for diminished responsibility add

Answer 5

clarity and allows new conditions to be added as they are recognised

Question 6

what does the definition exclude:

Answer 6

‘developmental immaturity’ which isn’t a medical condition

Question 7

recognised medical condition: what has it been suggested

Answer 7

‘developmental immaturity’ should be included so that children who have not developed fully, such as killers of James Bulger, aren’t denied a valid defence

Question 8

burden of proof: for those pleading dim res the burden of proof is

Answer 8

reversed

Question 9

burden of proof: what has it been suggested

Answer 9

that this breached the right to a fair trial under the European convention of Human Rights and should be reversed

Question 10

burden of proof: what have the courts consistently stated

Answer 10

that there is not such breach: foye

Question 11

the ‘loss of control’ element: what has the law commission recommended

Answer 11

that the requirement for a loss of control be removed from provocation

Question 12

the ‘loss of control’ element: what was this recommendation in response to

Answer 12

cases of domestic abuse where women had believed killing the abuser was the only way to protect themselves or their children

Question 13

the ‘loss of control’ element: what does d still have to show for the defence despite it introducing fear of serious violence as a qualifying trigger

Answer 13

that they lost their self control, which is difficult, and defeats the main reason for the original proposal

Question 14

‘reasonable man’ issue: what was the law on provocation (homicide act 1957) confused as to

Answer 14

what characteristics a reasonable man could have

Question 15

‘reasonable man’ issue: what was the binding precedent thought to be

Answer 15

SMITH in which it was stated that juries could consider any relevant abnormal characteristics of d

Question 16

‘reasonable man’ issue: what did the privy council decide in HOLLEY

Answer 16

d must react as someone with normal tolerance and self control

Question 17

‘reasonable man’ issue: what did the decision in holley mean

Answer 17

people with an abnormality that impaired their general ability to control themselves would not be eligible for the dfence

Question 18

‘reasonable man’ issue: how has the coroners and justice act clarified the issue

Answer 18

by making it clear that such cases fall under diminished responsibility and not loss of control