Law Voluntary Manslaughter Defence

Question 1

Diminished responsibility defined

Answer 1

s.52 Coroners and Justice Act having 3 stages

Question 2

Stage 1 D.R

Answer 2

An abnormality of mental functioning that arose from a medical condition

Question 3

Stage 2

Answer 3

The abnormality must substantially impair D’s ability to understand the nature of their conduct, make rational decisions or exercise self-control

Question 4

(Golds) Stage 2

Answer 4

The substantial impairment must be “weighty, not trivial”

Question 5

Stage 3

Answer 5

The abnormality must be the explanation of the killing. s2(1B) Amended Homicide Act 1957 states the abnormality must be the significant contributory factor to the killing of v.(But for the D’s actions, would the result have happened anyway?)

Question 6

Hobson, Campbell, Smith

Answer 6

Battered wives syndrome( both men and women), epilepsy, pre-menstrual tension (really extreme)

Question 7

Stewart, Martin, Seers

Answer 7

Drug/alcohol dependency, paranoid/personality disorder,
Severe depression

Question 8

Byrne medical condition

Answer 8

Irresistible impulses

Question 9

Stage 1(Byrne)

Answer 9

The abnormality is defined as ‘a state of mind so different from ordinary human beings that the reasonable person would term it abnormal’