Voluntary Manslaughter

Question 1

DR: S2 Homicide Act 1957 (amended by the Coroners and Justice Act 09)

Answer 1

A person who kills/is party to a killing is not to be convicted of murder if D suffers from an abnormality of mental functioning arising from a recognised medical condition which substantially impairs D’s ability to (understand nature of his conduct/form a rational judgement/excessive self control) and this provides an explanation for D’s acts/omissions in the killing

Question 2

DR: Byrne

Answer 2

Abnormality of mental functioning which is so different from an ordinary person’s that a reasonable person would call it abnormal

Question 3

DR: Recognised medical condition: Martin

Answer 3

Paranoid personality disorder

Question 4

DR: Ahluwalia

Answer 4

Battered Woman’s syndrome

Question 5

DR: Seers

Answer 5

Depression

Question 6

DR: Boots

Answer 6

Post natal depression

Question 7

DR: Brown

Answer 7

Severe stress

Question 8

DR: Edgington

Answer 8

Schizophrenia

Question 9

DR: Di Duca

Answer 9

Immediate effects of alcohol/drugs (drunk/high) not RMC

Question 10

DR: Wood

Answer 10

Alcohol dependency syndrome is a RMC
A.D.S is desire to drink, difficulty controlling when/how much to drink 
- drink to avoid withdrawal 
- increased tolerance 
- neglecting other activities

Question 11

DR: Tandy

Answer 11

If brain is damaged from alc abuse this can be rmc

Question 12

DR: Abnormality must substantially impair: Golds

Answer 12

Substantial Impairment means abnormality makes a real difference to D’s conduct

Question 13

DR: D’s abnormality must provide an explanation for his actions: S2(1B) Homicide Act

Answer 13

When the abnormality provides an explanation or is a significant contributory factor causing D to carry out his conduct

Question 14

LoC: S54 Coroners and Justice Act 2009: where a person kills/is a party to the killing, D is not to be convicted of murder if

Answer 14

• D’s acts and omissions in doing or being a party to the killing resulted in D’s loss of control
• the loss of self control had a qualifying trigger
• a person of D’s sex and age with normal degree of tolerance and self restraint and circumstances of D might have reacted in the same/similar way

Question 15

S54(1)(a)

Answer 15

D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of control

Question 16

S54(1)(b)

Answer 16

The loss of self control had a qualifying trigger

Question 17

S54(1)(c)

Answer 17

A person of D’s sex and age, with a normal degree of tolerance and self restraint and in circumstances of D might have reacted in the same or in a similar way (sexual infidelity can be taken into account as a circumstance)

Question 18

Must result from loss of self control: Jewell

Answer 18

Loss of self control- “losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”

Question 19

Must result from loss of self control: S54(2) Dawes

Answer 19

D’s loss of self control need not be sudden

But the closer the loss of control is after the qualifying trigger, the easier it will be to prove

Question 20

Must result from loss of self control: S54(4)

Answer 20

D cannot use the defence if D uses ‘considered desire for revenge’

Question 21

D’s loss of self control must come from a qualifying trigger: S55(3)
SUBJECTIVE

Answer 21

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 22

Loss of control must come from qualifying trigger: Ellis

Answer 22

Can be fear of serious violence to an identified other

Question 23

Loss of self control must come from qualifying trigger: S55(4)

Answer 23

D’s loss of self control must come from things said or done, which must be of extremely grave character and give D a justifiable sense of being seriously wronged

Question 24

2 parts anger trigger

Answer 24

1. Things said or done

2. Extremely grave character and must give D a justifiable sense of being seriously wronged

Question 25

Anger trigger exclusion: S55(6)(c)

Answer 25

If the thing said or done was sexual infidelity it must be disregarded

Question 26

Sexual infidelity exclusion: Clinton

Answer 26

It would be unrealistic to exclude it where it is integral to the facts of the case If there is something said or done other than just infidelity ✅ If it’s not hard to understand why those things are so bad without infidelity✅

Question 27

DR: Golds

Answer 27

Substantially impair means to make a real difference to D’s conduct

Question 28

Qualifying trigger: Clinton

Answer 28

When using dear trigger, D must fear serious violence, not just violence

Question 29

Anger trigger: evans

Answer 29

Used when not ‘extremely grave’

Question 30

Qualifying triggers: Bowyer

Answer 30

Can be combination of triggers

Question 31

Provide explanation D’s conduct: Dietschmann

Answer 31

As long as the abnormality of mental functioning is a significant factor in causing D’s conduct, we can take into account effects of intoxication/drugs

Question 32

Incitement exclusion: S55(6)(a)&(b)

Answer 32

D cannot use loss of control defence if they incite the fear/anger trigger in order to provide an excuse for violence

Question 33

A persons of D’s sex and age with a normal degree of tolerance and self restraint and in circumstances of D might have reacted in the same way— subjective/objective?

Answer 33

``` Subjective: - sex and age - D’s circumstances Objective: - normal degree of tolerance and self restraint ```

Question 34

Age&sex element: Gregson

Answer 34

If D has been taunted about a characteristic/circumstance relevant to the case, this can then be taken into account despite that it would affect level of self restraint

Question 35

Age&sex element: Amelash

Answer 35

Intoxication not considered if only reduced tolerance/self restraint Would only be considered if alcohol problem was what D was taunted about

Question 36

S54(3)

Answer 36

Circumstances of D can include all D’s circumstances other than those who’s only relevance to the case is effecting tolerance & self restraint