MANSLAUGHTER

Question 1

what is manslaughter?

Answer 1

Where the V has died but the D has no clear intent.

Question 2

what are the 2 types on manslaughter?

Answer 2

Voluntary manslaughter and involuntary manslaughter.

Question 3

what is voluntary M/S?

Answer 3

•Defences.
•Intention to kill.
•Only available for murder.

Question 4

what are the 2 types of voluntary M/S?

Answer 4

Loss of control and diminished responsibility.

Question 5

what is the definition of loss of control?

Answer 5

Key words = D was “provoked”
• s.54 Coroners and Justice Act 2009.
• 3 Stage test.

Question 6

what is stage 1 of loss of control?

Answer 6

1) The D must have a loss of control.
- s.54 (2) = Loss of control doesn’t have to be sudden. The longer the delay the less likely the D is to get the defence.

• GREGSON = When assessing whether D has lost their control you’re allowed to take into account their circumstances (e.g. depression, epilepsy).

Question 7

what is stage 2 of loss of control?

Answer 7

2) The loss of control must be due to a qualifying trigger (why did they suffer a loss of control?) - s.55

There are 2 triggers:
•Fear trigger
•Anger trigger

Question 8

what is the fear of serious violence trigger?

Answer 8

-subjective test- D must have a genuine fear, but the violence need not be directed at D (PEARSON).
•From the D’s view.

Question 9

what is the anger trigger?

Answer 9

-objective test- HATTER
•There must be things said or done.
•The things said or done must amount to grave provocation (would a reasonable person think it was serious?).
•Did it cause the D to feel a justifiable sense of being seriously wronged?

Question 10

what is the SIDE RULE for the anger trigger?

Answer 10

CLINTON - Sexual infidelity alone cannot be used alone as the things said/done, there must be another provoking factor.

Question 11

what is stage 3 of loss of control?

Answer 11

3) Would a reasonable person of the same age and gender as the D and with a normal degree of tolerance have acted in a similar way? - s.54(3)
•HOLLEY.

Question 12

what is the SIDE RULE for stage 3 of loss of control?

Answer 12

EVANS - The defence cannot be used in a desire for revenge.

Question 13

what is the definition of diminished responsibility?

Answer 13

s.52 Coroners and Justice Act 2009
- 3 Stage Test

Question 14

what is stage 1 of diminished responsibility?

Answer 14

1) The D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition.
• BYRNE - Defined an abnormality of mental functioning as ‘‘a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal’’.

Question 15

what are the recognised medical conditions? (with cases)

Answer 15

• Severe depression (SEERS)
• PMT (SMITH)
• Battered Wives Syndrome (HOBSON)
• Epilepsy (CAMPBELL)
• Paranoia/personality disorder (MARTIN)
• Irresistible impulses (BYRNE)
• Alcohol Dependency Syndrome (STEWART)

Question 16

what is stage 2 of diminished responsibility?

Answer 16

2) The abnormality of mental functioning must have substantially impaired D’s ability to understand the nature of their conduct, form rational judgements, OR exercise self-control.
• GOLDS - Substantial impairment must be “weighty, not trivial”.

Question 17

what is stage 3 of diminished responsibility?

Answer 17

3) States the abnormality must be the reason for the killing.
• s.2 (1)(B) (Amended) Homicide Act 1957 - The abnormality must be a significant contributory factor in the killing of V (meaning D only killed because of their abnormality).

Question 18

what is the SIDE RULE?

Answer 18

DIETSCHMANN - If the D was intoxicated at the time of the killing, ignore the intoxication. Would the D have still killed if they were not intoxicated?

Question 19

what is involuntary M/S?

Answer 19

• Offences
• No intention to kill
• Crimes themselves

Question 20

what are the 2 types of involuntary M/S?

Answer 20

Unlawful act M/S and Gross Negligence M/S.

Question 21

what is the definition of unlawful act manslaughter?

Answer 21

Where the D commits a lesser unlawful act that involves a risk of harm and leads to the death of the V - 4 stage test that must be proved.

Question 22

what is stage 1 of unlawful act manslaughter?

Answer 22

1) The D must commit a lesser unlawful act (e.g. an assault or battery).

FRANKLIN - The act must be a crime not a civil wrong.
KHAN & KHAN - The act must be a positive act (physical act) not an omission (failure to act).

Question 23

what do you do in stage 1 of unlawful act M/S?

Answer 23

Explain the actus reus of either assault or battery.
Key words:
• Assault = “Fear”
• Battery = “Contact”

Question 24

what is the SIDE RULE in stage 1 of unlawful act M/S?

Answer 24

Indirect Acts
• MITCHELL - The unlawful act can be an indirect act (e.g. D punched a man who landed on an elderly woman. The woman later died in hospital.)

Question 25

what is stage 2 of unlawful act manslaughter?

Answer 25

2) The unlawful act must involve a risk of harm (fully objective test).
• CHURCH - Would a reasonable person observing see a risk of harm?
• DPP v NEWBURY & JONES - D does not need to be aware of the risk as long as a sober and reasonable person would be.

Question 26

what is stage 3 of unlawful act manslaughter?

Answer 26

3) The unlawful act must have cause the death (issue of causation).
• Is the D the factual cause of the V’s death ?
- WHITE = ‘but for test’
• Is the D the legal cause of the V’s death?
- KIMSEY = more than a slight or trifling link / significant contribution
• Are there any causation issues?

Question 27

what is stage 4 of unlawful act manslaughter?

Answer 27

4) The D must have the mens rea, intention, for the lesser unlawful act.
• GOODFELLOW - D must have intended the lesser unlawful act (assault or battery).

Question 28

what do you do in stage 4 of unlawful act manslaughter after explaining it?

Answer 28

EXAM TIP - Fully explain mens rea in detail of either assault or battery.

Question 29

what is the definition of gross negligence manslaughter?

Answer 29

ADOMAKO - Established a 4 stage test.

Question 30

what is stage 1 of gross negligence manslaughter?

Answer 30

1) The D must owe the V a duty of care.
ADOMAKO - “Ordinary principles of negligence apply” in order to establish a duty of care.
• Forseeable: Is the result forseeable as a result of the D’s actions?
• Proximity: Do the D and V have a relationship of proximity?
• Reasonable: Is it fair and reasonable to impose a duty on the D?

Question 31

what is the SIDE RULE of stage 1 of gross negligence M/S?

Answer 31

WACKER - Joint enterprise
• If D and V are jointly engaged in a crime they still owe each other a duty of care.

Question 32

what is stage 2 of gross negligence manslaughter?

Answer 32

2) Was there a breach of that duty by the D?
• LORD MACKAY in ADOMAKO
- Ordinary principles of negligence apply to establish whether D was in breach of their duty of care.

Reasonable Man - Have the D’s actions taken below the standard of a reasonable person?

Question 33

what is the SIDE RULE for stage 2 of gross negligence M/S?

Answer 33

Is the duty based on an omission?
• Contractual duty - PITWOOD
• Voluntary assumed responsibility - GIBBONS & PROCTOR
• Special relationship- GIBBONS & PROCTOR
• D creates a danger - MILLER

Question 34

what is stage 3 of gross negligence M/S?

Answer 34

Was the risk of death reasonably forseeable?
• MISRA - D can only be liable if a risk of death was foreseeable to a reasonable person.

Question 35

what is stage 4 of gross negligence M/S?

Answer 35

Was the breach of duty “gross”?
• BATEMAN - A breach is “gross” if the D showed a total disregard for the life and safety of others and it is so bad it ought to be a crime - confirmed in ADOMAKO.