fatal offences: voluntary manslaughter (excluding intoxication)

Question 1

what is voluntary manslaughter?

Answer 1

when the D satisfies the legal test of murder but has a reason recognised in the law that makes them less blameworthy of the murder

Question 2

what governs diminished responsibility?

Answer 2

S52 Coroners and Justice Act 2009

Question 3

what is the legal test for diminished responsibility?

Answer 3

1. the D must have been suffering from an abnormality of mental functioning at the time they killed
2. this occurred due to a recognised medical condition
3. the AMF substantially impaired the D’s ability to:
   - understand the nature of their conduct
   - form a rational judgement
   - exercise self-control
4. this provides an explanation for the D’s acts and omissions in doing anything or being a party to the killing

Question 4

explain: abnormality of mental functioning

Answer 4

• The D’s conduct at the time they killed must be so different that of an ordinary person, a reasonable person would have deemed their state of mind abnormal when they did this (Lord Parker CJ)
• The AMF does not have to be permanent or existed from birth (Gomez)

Question 5

explain: recognised medical condition

Answer 5

• RMC must appear on the World Health Organisation list:
  
  • depression (Gittens)
  • irresistible impulses (Byrne)
  • battered wife syndrome (Ahluawalia)
  • alcohol dependency syndrome (Stewart)
  • adjustment disorder (Dietschmann)
  • paranoia (Simcox)
• D has to provide medical evidence of RMC (Bunch)
• if the medical evidence is uncontested and shows an AMF the murder charge can be withdrawn from the jury (Brennan)

Question 6

explain: substantial impairment

Answer 6

• AMF must impair one of the following:
  
  • D’s ability to understand the nature of their conduct (Stewart)
  • D’s ability to form a rational judgement (Simcox)
  • D’s ability to exercise self control (Byrne)
• the impairment must be more than the minimal or trivial cause for the D’s conduct which led to the killing (Lloyd)

Question 7

explain: AMF explains the D’s conduct that led to the killing

Answer 7

• there must be a causal link between the D’s conduct and the AMF (S2(1) Homicide Act 1957)
• the AMF is the significant factor for the D’s conduct that led to the killing (S1(B) Homicide Act 1957)