Voluntary Mansalughter

Question 1

LoC Found in

Answer 1

S.55 of CJA 2009. abolished law on provocation

Question 2

Special defence

Answer 2

to murder

Question 3

partial defence

Answer 3

is V is convicted of manslaughter judge can reduce sentence

Question 4

Who proves evidence

Answer 4

D and then P must prove without reasonable doubt there is no LoC.

Question 5

D must have lost control

Answer 5

Jewell

Question 6

Does LoC have to be sudden

Answer 6

no but does need to be lost (Clinton)

Question 7

Dawes

Answer 7

May be cumulative impact of earlier events. A reaction to extremely grave character may be delayed.

Question 8

S.54

Answer 8

revenge doesn’t count. Greater level of deliberation equals less likely killing followed true LoC

Question 9

S.55-6

Answer 9

Self induced loss of control will not support the defence

Question 10

There must be a qualifying trigger

Answer 10

A. fear of (subjective) of serious violence from either victim or identifiable person

Question 11

Or. Things said or done

Answer 11

constituted circumstances of an extremely grave character and justifiable sense of being wronged. Much more restrictive than old law (Doughty( Baby))

Question 12

A person of D sex and are with same degree of tolerance

Answer 12

and self restraint would’ve acted the same way or similar way. Van Dongen

Question 13

Diminished responsibility

Answer 13

Set out in S.2 (1) of homicide act 1957 amended in CJA 2009

Question 14

Burden of Proof

Answer 14

D. balance of probabilities

Question 15

Homicide Act

Answer 15

Special and Partial defence

Question 16

1.

Answer 16

Suffered from abnormality of mental functioning. Byrne

Question 17

2.

Answer 17

Arose from recognised medical condition

Question 18

Psychopathy

Answer 18

Byrne

Question 19

Chronic Depression

Answer 19

Seers

Question 20

Reactive Depression

Answer 20

Diechtsman

Question 21

Battered Woman Syndrome

Answer 21

Aluwhalia

Question 22

Epilpepsy

Answer 22

Price

Question 23

Paranoia

Answer 23

Simcox

Question 24

PMT

Answer 24

Smith

Question 25

Othello syndrome

Answer 25

Vinagre

Question 26

Acute Stress Disorder

Answer 26

Robson

Question 27

Alcohol Dependency Syndrome

Answer 27

Wood

Question 28

Aspergers

Answer 28

Jama

Question 29

2.

Answer 29

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

Question 30

Drugs/ Drink

Answer 30

Not by itself Duwa. But if problem exists already then yes.ADS is a thing too.