Homicide - Voluntary Manslaughter Flashcards
What act governs the new defences under voluntary manslaughter?
What is the first element of the defence of loss of controol?
What was added to the defence to ensure that women were not unfairly punished?
s54 and s55 coroners and justice act 2009
The first element requires that the defendant must have lost their self control at the time of the actus reus
The loss of control need not be sudden so women with a “slow burn” reaction would not be punished
What is the second element of loss of control?
What is the first way this element can be satisifed?
Who does this new concept protect?
Is this first way subjective or objective?
What is the second way this element can be satisfied?
Why is this approach narrow?
The loss of control must have been caused by a qualifying trigger
The defendant fears serious violence from the victim
Protects abused women and homeowners
Subjective as it was what the defendant feared and not what the ‘reasonable man’ feared
Things said or done of an extremely grave character causing the defendant a justifiable sense of being wronged
Because although the sense of being wronged is subjective the case is determined by a jury making it objective
What is the third element of the defence of loss of control?
What case does this defence follow?
Would a reasonable person have acted in the same way?
A-G for jersey v Holley
What is the first element of diminished responsibility?
Would R v Martin (anthony) like have succeeded under this defence?
The defendant is suffering from an abnormality of mental functioning brought about by a recognised medical condition?
It likely would as he suffered from a personality disorder when he killed an intruder in his home
What is the second element of diminished responsibility?
Does it matter whether drink or drugs are involved and what case suggests this?
The abnormality of mental functioning must be a significant contributory factor in the killing
R v Dietcshmann suggests that it does not matter whether drink or drugs are involved so long as the medical condition overrides them and is a significant contributory factor to the killing
What is the third element of diminished responsibility?
In what case was the word ‘substantial’ considered?
The abnormality of mental functioning must have substantially impaired the defendant’s ability to understand the nature of their conduct or form a rational judgement, or exercise self control
R v Golds
For loss of control who does the burden of proof fall on?
For diminished responsibility who does the burden of proof fall on?
The prosecution
The defence
