Voluntary Manslaughter Flashcards
DR: S2 Homicide Act 1957 (amended by the Coroners and Justice Act 09)
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
DR: Byrne
Abnormality of mental functioning which is so different from an ordinary person’s that a reasonable person would call it abnormal
DR: Recognised medical condition: Martin
Paranoid personality disorder
DR: Ahluwalia
Battered Woman’s syndrome
DR: Seers
Depression
DR: Boots
Post natal depression
DR: Brown
Severe stress
DR: Edgington
Schizophrenia
DR: Di Duca
Immediate effects of alcohol/drugs (drunk/high) not RMC
DR: Wood
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
DR: Tandy
If brain is damaged from alc abuse this can be rmc
DR: Abnormality must substantially impair: Golds
Substantial Impairment means abnormality makes a real difference to D’s conduct
DR: D’s abnormality must provide an explanation for his actions: S2(1B) Homicide Act
When the abnormality provides an explanation or is a significant contributory factor causing D to carry out his conduct
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
- 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
S54(1)(a)
D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of control