Voluntary Mansalughter Flashcards
LoC Found in
S.55 of CJA 2009. abolished law on provocation
Special defence
to murder
partial defence
is V is convicted of manslaughter judge can reduce sentence
Who proves evidence
D and then P must prove without reasonable doubt there is no LoC.
D must have lost control
Jewell
Does LoC have to be sudden
no but does need to be lost (Clinton)
Dawes
May be cumulative impact of earlier events. A reaction to extremely grave character may be delayed.
S.54
revenge doesn’t count. Greater level of deliberation equals less likely killing followed true LoC
S.55-6
Self induced loss of control will not support the defence
There must be a qualifying trigger
A. fear of (subjective) of serious violence from either victim or identifiable person
Or. Things said or done
constituted circumstances of an extremely grave character and justifiable sense of being wronged. Much more restrictive than old law (Doughty( Baby))
A person of D sex and are with same degree of tolerance
and self restraint would’ve acted the same way or similar way. Van Dongen
Diminished responsibility
Set out in S.2 (1) of homicide act 1957 amended in CJA 2009
Burden of Proof
D. balance of probabilities
Homicide Act
Special and Partial defence
1.
Suffered from abnormality of mental functioning. Byrne
2.
Arose from recognised medical condition
Psychopathy
Byrne
Chronic Depression
Seers
Reactive Depression
Diechtsman
Battered Woman Syndrome
Aluwhalia
Epilpepsy
Price
Paranoia
Simcox
PMT
Smith
Othello syndrome
Vinagre
Acute Stress Disorder
Robson
Alcohol Dependency Syndrome
Wood
Aspergers
Jama
2.
Which substantially impaired defendants ability to do one or more of the following:
- Understand Nature of his conduct
- Form a rational judgement or exercise self control
Drugs/ Drink
Not by itself Duwa. But if problem exists already then yes.ADS is a thing too.
