Lecture 7 - Manslaughter Flashcards
What was the two stage test for provocation ?
a) was the defendant provoked into a sudden and temporary loss of control b) would a reasonable man react to such a provocation as the accused did ?
When could provocation not be used as a defence ?
If there was any evidence of pre meditation and also the provocation had to be sudden and temporary loss of control was needed as shown in the case of R v Ahluwaliah
What does the coroners and justice act 2009 state is the definition for loss of control
Where a person kills or is a party to the killing of another D is not to be convicted of murder if a) d acts in doing so resulted from ds loss of self control b) the loss had a qualifying trigger and c) the reasonable man might’ve reacted the same way if put in ds position
what under section 55 of the coroners and justice act 2009 can constitute a qualifying trigger
a) circumstances of an extremely grave character and b) caused d to have a justifiable sense of being seriously wronged
or subsection 3 states if ds loss of control was due to the fear of serious violence
what does the old law state about diminished responsibility
three things needed to be proved 1. there was an abnormality of the mind 2. the abnormality was due to specified causes 3. the abnormality of the mind must’ve substantially impaired the defendants mental responsibility for his acts
what is the significance of R v Byrne
Lord Parker states than an abnormality of the mind is “a state of mind so different from that of ordinary human being that the reasonable man would term it abnormal
what was the significance of the r v Lloyd case 1967
it was held that hatred, rage or jealousy and external factors such as alcohol or drugs are ruled out of being abnormalities of the mind
how was the defence of diminished responsibility changed in the coroners and justice act 2009
the act states in s52 that a person who kills or is a party to the killing of another is not to be convicted of murder if d was suffering from an abnormality of mental functioning which a) arose from a medical condition b) substantially impaired ds ability to (1a) understand the nature of there conduct (1b) form a rational judgement (1c) to exercise self control c) provides an explanation for ds acts
what does section 4 of the homicide act state about suicide pacts
it’ll be manslaughter not murder if a person acts in pursuance of a suicide pact between him and another to kill the other
what is the definition of a suicide pact
s4(3) a common agreement between 2 or more persons having for its object the death of all of them
what are the 3 types of involuntary manslaughter
manslaughter by unlawful and dangerous act, gross negligence manslaughter and corporate manslaughter
what is the significance of R v Lamb
in the case of unlawful and dangerous act manslaughter its irrelevant that the defendant is unaware that it is unlawful or that it is dangerous
whats the mens rea for unlawful act manslaughter
the intention to do that act and any fault required to make it unlawful
What is the significance of DPP v Newbury
highlights that it is irrelevant if d is unaware of the circumstances that make an act dangerous if the reasonable person would have been aware of them
what is the significance of the R v Bateman case for gross negligence manslaughter
Lord Hewart stated that the subject showed such a disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment
