Voluntary Manslaughter

Question 1

Name the two partial defences of voluntary manslaughter

Answer 1

• Diminished Responsibility

- Loss of Control

Question 2

What are the main elements of Loss of Control?

Question 3

What does s.54(2) Coroners and Justice Act 2009 confirm?

Answer 3

It does not matter whether or not the loss of control was sudden

Question 4

What is a QUALIFYING TRIGGER?

Answer 4

• D’s fear of serious violence
• Things done or said
• Combination of both

Question 5

What was confirmed in the case of R v Hill?

Question 6

Who bears the BURDEN OF PROOF in Loss of Control?

Answer 6

Prosecution

Question 7

What is the STANDARD OF PROOF in Loss of Control?

Question 8

What are the main elements of Diminished Responsibility?

Question 9

What RMC caused D’s abnormality of mental functioning in R v Ahluwalia?

Question 10

What was confirmed in the case of R v Dietschmann?

Question 11

Who bears the BURDEN OF PROOF with Diminished Responsibility?

Question 12

What is the STANDARD OF PROOF in Diminished Responsibility?

Question 13

Identify 2 similarities of Loss of Control and Diminished Responsibility

Question 14

Identify 2 differences between Loss of Control and Diminished Responsibility