(RED) Voluntary manslaughter

Question 1

What type of defence is loss of control?

Answer 1

A statutory, partial and specific defence to murder.

Question 2

Where can loss of control be found?

Answer 2

The Coroners and Justice Act 2009

Question 3

What does s54(1)(a) of the Coroners and Justice Act 2009 say?

Answer 3

D must suffer from a loss of self control.

Question 4

How does Jewell define a loss of self control?

Answer 4

Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.

Question 5

What behaviours or emotions might indicate a loss of self control?

Answer 5

-D snaps
-Rage
-Anger
-Aggression/ violence
-Shaking/ crying
-Calmness

Question 6

What does s54(2) of the Coroners and Justice Act 2009 say?

Answer 6

The loss of self control doesn’t need to be sudden although the sooner the loss of control is after the qualifying trigger, the easier it will be to prove.

Question 7

Which case is an example of s54(2)?

Answer 7

R v Dawes

Question 8

What kind of circumstances might make a person slower or quicker to lose control?

Answer 8

-Gender
-Short temper
-Cumulative provocation
-Intoxication

Question 9

What does s54(4) of the Coroners and Justice Act 2009 say?

Answer 9

The defendant can’t use the defence of loss of control if he acted out of a ‘considered desire for revenge’.

Question 10

How was s54(4) applied to R v Jewell?

Answer 10

It was decided that there was a considered desire for revenge so D couldn’t use the defence.

Question 11

What does s54(1)(b) of the Coroners and Justice Act 2009 say?

Answer 11

D’s loss of self control must come from a qualifying trigger.

Question 12

What does s55(3) of the Coroners and Justice Act 2009 say?

Answer 12

To use the fear trigger, D’s loss of control must come from D’s fear of serious violence from V against D or another identified person.

Question 13

Which case clarified that D must fear serious violence (e.g. GBH or death) to use s55(3)?

Answer 13

R v Clinton

Question 14

What happened in R v Ellis?

Answer 14

The older brother couldn’t use the defence because he had a considered desire for revenge meaning s54(4) applies. The younger brother feared serious harm for his brother so he could use s55(3) and so the defence of loss of control applies.

Question 15

How is the fear trigger judged?

Answer 15

Subjectively, so if D genuinely fears serious harm from V, D can use the defence even if D’s fear is unreasonable.

Question 16

What does s55(4) of the Coroners and Justice Act 2009 say?

Answer 16

To use the anger trigger, D’s loss of control must come from things said or done by V which must be of an extremely grave character and give D a justifiable sense of being seriously wronged.

Question 17

What happened in Evans?

Answer 17

D could not use the anger trigger because the refusal of the offer of a cup of tea was not of an extremely grave character nor was it justifiable to feel seriously wronged because it was very trivial.

Question 18

What does s55(5) of the Coroners and Justice Act 2009 say?

Answer 18

There can be a combination of qualifying triggers.

Question 19

What does s55(6)(c) Coroners and Justice Act 2009 say?

Answer 19

The fact that the thing said or done constituted sexual infidelity must be disregarded (i.e you can’t use sexual infidelity as a qualifying trigger).

Question 20

What did the court say about sexual infidelity in R v Clinton?

Answer 20

If only sexual infidelity is relied on for qualifying triggers, it must be disregarded. But it would be unrealistic to exclude it where it is integral to the facts of a case (it can be used as context when necessary).

Question 21

What does s55(6)(a) and (b) of the Coroners and Justice Act 2009 say?

Answer 21

D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence.

Question 22

What does s54(1)(c) of the Coroners and Justice Act 2009 say?

Answer 22

A person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D, might have reacted in the same or a similar way to D.

Question 23

What does s54(3) of the Coroners and Justice Act 2009 say?

Answer 23

The circumstances of D refers to all of D’s circumstances other than those whose only relevance to D’s conduct is that they bear on D’s general capacity for tolerance or self-restraint. (i.e if D has a short temper this will generally not be considered).

Question 24

When can factors affecting D’s general capacity for tolerance or self-restraint be considered?

Answer 24

Asmelash- when they are relevant/ linked to the thing said or done by V (for example if D was being teased for having a short temper).

Question 25

What is the test for s54(1)(c) of the Coroners and Justice Act 2009?

Answer 25

Would a (insert sex and age) who (insert relevant circumstances) but with normal levels of tolerance and self restraint have done something similar to (insert what D did)?

Question 26

Which act gave the 4 elements of diminished responsibility?

Answer 26

s2 Homicide Act 1957 (amended by the Coroners and Justice Act 2009)

Question 27

What are the 4 elements of diminished responsibility?

Answer 27

-D was suffering from an abnormality of mental functioning
-Arising from a recognised medical condition
-As to substantially impair D’s ability to understand the nature of his conduct, or form a rational judgement, or exercise self control
-And provides an explanation for D’s acts/ omissions in doing/ being party to the killing.

Question 28

Who has the burden of proof for proving diminished responsibility and what is the standard of proof?

Answer 28

D must prove it on the balance of probabilities.

Question 29

What is the definition of abnormality of mental functioning?

Answer 29

Byrne- a state of mind/ mental functioning so different from that of an ordinary human being that a reasonable man would term it abnormal.

Question 30

What do you look for in scenarios when dealing with abnormality of mental functioning?

Answer 30

The symptoms D is displaying.

Question 31

How does D show they are suffering from a recognised medical condition?

Answer 31

Psychiatric evidence.

Question 32

What was the recognised medical condition in Martin?

Answer 32

Paranoid personality disorder

Question 33

What was the recognised medical condition in Ahluwalia?

Answer 33

Battered woman’s syndrome

Question 34

What was the recognised medical condition in Seers?

Answer 34

Depression

Question 35

What was the recognised medical condition in Brown?

Answer 35

Extreme stress

Question 36

What was the recognised medical condition in Boots?

Answer 36

Postnatal depression

Question 37

What was the recognised medical condition in Edgington?

Answer 37

Schizophrenia and bipolar

Question 38

What was the recognised medical condition in Hennessy?

Answer 38

Diabetes

Question 39

What does not count as a recognised medical condition?

Answer 39

Di Duca- the immediate effects of alcohol or drugs.

Question 40

When can alcohol or drugs be used as a recognised medical condition?

Answer 40

Wood- with an alcohol or drug addiction/ dependency

Question 41

When can brain damage be a recognised medical condition?

Answer 41

R v Tandy- when the brain is damaged from alcohol or drug misuse or an injury.

Question 42

What does substantially impaired mean?

Answer 42

R v Golds- when the impairment made a real difference to D’s conduct.

Question 43

What does it mean for D to not understand the nature of their conduct?

Answer 43

D thinks they are doing one thing and in fact are doing another.

Question 44

What does it mean for D to not be able to form a rational judgement?

Answer 44

D’s reason for killing is not rational.

Question 45

What does it mean for D not to be able to exercise self control?

Answer 45

D can’t control desires or urges.

Question 46

Where is the last element of diminished responsibility defined?

Answer 46

s2(1B) of the Homicide Act 1957

Question 47

What is the definition of the last element of diminished responsibility?

Answer 47

The abnormality of mental functioning provides an explanation for D’s conduct if it causes or is a significant contributory factor in causing D to carry out that conduct.

Question 48

What is the legal principle of Dietschmann?

Answer 48

Other factors can be ignored as long as the abnormality is a significant factor in causing D to act the way they did.