FATAL OFFENCES- VOL MS

Question 1

MURDER AR

Answer 1

The unlawful killing of a reasonable person and under the Kings peace with malice aforethought express or implied.
[PITWOOD]

Question 2

MURDER MR

Answer 2

Intention to kill or cause GBH.
[VICKERS]

Question 3

VOLUNTARY MANSLAUGHTER MR

Answer 3

Same degree of intention as murder. Split into 2, loc and dr

Question 4

LOSS OF CONTROL

Answer 4

Where D has committed the ar and mr of murder due to them losing control of themselves

Question 5

1. Did d actually lose control of themselves?

Answer 5

Lost powers of reasoning or acting out of character.
[BAILLIE]
(Pre-planned and considered revenge doesn’t pass)

Question 6

2. What was the qualifying trigger?

Answer 6

(a) fear of serious violence
(b) Things said or done of extremely grave nature that caused justifiable sense of being seriously wronged.
(Sexual infidelity doesn’t pass [CLINTON] )

Question 7

3. Would a reasonable person have also lost control?

Answer 7

Same sex and age in the same situation with reasonable tolerance and resistance

Question 8

DIMINISHED RESPONSIBILITY

Answer 8

Medical condition

Question 9

1. ABNORMALITY OF MENTAL FUNCTIONING

Answer 9

Reasonable person would say the act is abnormal.
[R V BRYNE]

Question 10

2. ARISING FROM RECOGNISED MEDICAL CONDITION

Answer 10

Must be physical or psychologically proved by doctors.
E.G
Battered wife syndrome [AHLUWALIA]
Chronic depression [GITTENS]

Question 11

3. SUBSTANIALLY IMPAIRED

Answer 11

Condition must have a mental impairment “more than some trivial degree”
[LLOLY] [GOLD]

Question 12

4. ABILITY TO:

Answer 12

MUST IMPACT AT LEAST 1:
Form a rational judgement
Exercise self control
Understand the nature of their conduct

Question 13

5. EXPLAINS REASON OF KILLING

Answer 13

The medical condition must explain killing for it to be reduced to Voluntary Ms.