Voluntary Manslaughter Flashcards

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1
Q

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

A

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

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2
Q

DR: Byrne

A

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

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3
Q

DR: Recognised medical condition: Martin

A

Paranoid personality disorder

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4
Q

DR: Ahluwalia

A

Battered Woman’s syndrome

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5
Q

DR: Seers

A

Depression

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6
Q

DR: Boots

A

Post natal depression

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7
Q

DR: Brown

A

Severe stress

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8
Q

DR: Edgington

A

Schizophrenia

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9
Q

DR: Di Duca

A

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

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10
Q

DR: Wood

A
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
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11
Q

DR: Tandy

A

If brain is damaged from alc abuse this can be rmc

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12
Q

DR: Abnormality must substantially impair: Golds

A

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

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13
Q

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

A

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

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14
Q

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

A
  • 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
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15
Q

S54(1)(a)

A

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

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16
Q

S54(1)(b)

A

The loss of self control had a qualifying trigger

17
Q

S54(1)(c)

A

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)

18
Q

Must result from loss of self control: Jewell

A

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

19
Q

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

A

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

20
Q

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

A

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

21
Q

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

A

Fear trigger

D’s loss of control must come from D’s fear of serious violence from V against D or another identified person

22
Q

Loss of control must come from qualifying trigger: Ellis

A

Can be fear of serious violence to an identified other

23
Q

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

A

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

24
Q

2 parts anger trigger

A
  1. Things said or done

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

25
Q

Anger trigger exclusion: S55(6)(c)

A

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

26
Q

Sexual infidelity exclusion: Clinton

A

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✅

27
Q

DR: Golds

A

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

28
Q

Qualifying trigger: Clinton

A

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

29
Q

Anger trigger: evans

A

Used when not ‘extremely grave’

30
Q

Qualifying triggers: Bowyer

A

Can be combination of triggers

31
Q

Provide explanation D’s conduct: Dietschmann

A

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

32
Q

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

A

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

33
Q

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?

A
Subjective: 
- sex and age 
- D’s circumstances 
Objective:
- normal degree of tolerance and self restraint
34
Q

Age&sex element: Gregson

A

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

35
Q

Age&sex element: Amelash

A

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

36
Q

S54(3)

A

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