voluntary manslaughter Flashcards

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1
Q

What type of defence is loss of control?

A

A statutory, partial and specific defence to murder.

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2
Q

Where can loss of control be found?

A

The Coroners and Justice Act 2009

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3
Q

What does s54(1)(a) of the Coroners and Justice Act 2009 say?

A

D must suffer from a loss of self control.

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4
Q

How does Jewell define a loss of self control?

A

Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.

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5
Q

What behaviours or emotions might indicate a loss of self control?

A

-D snaps
-Rage
-Anger
-Aggression/ violence
-Shaking/ crying
-Calmness

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6
Q

What does s54(2) of the Coroners and Justice Act 2009 say?

A

The loss of self control doesn’t need to be sudden although the sooner the loss of control is after the qualifying trigger, the easier it will be to prove.

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7
Q

Which case is an example of s54(2)?

A

R v Dawes

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8
Q

What kind of circumstances might make a person slower or quicker to lose control?

A

-Gender
-Short temper
-Cumulative provocation
-Intoxication

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9
Q

What does s54(4) of the Coroners and Justice Act 2009 say?

A

The defendant can’t use the defence of loss of control if he acted out of a ‘considered desire for revenge’.

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10
Q

How was s54(4) applied to R v Jewell?

A

It was decided that there was a considered desire for revenge so D couldn’t use the defence.

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11
Q

What does s54(1)(b) of the Coroners and Justice Act 2009 say?

A

D’s loss of self control must come from a qualifying trigger.

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12
Q

What does s55(3) of the Coroners and Justice Act 2009 say?

A

To use the fear trigger, D’s loss of control must come from D’s fear of serious violence from V against D or another identified person.

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13
Q

Which case clarified that D must fear serious violence (e.g. GBH or death) to use s55(3)?

A

R v Clinton

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14
Q

What happened in R v Ellis?

A

The older brother couldn’t use the defence because he had a considered desire for revenge meaning s54(4) applies. The younger brother feared serious harm for his brother so he could use s55(3) and so the defence of loss of control applies.

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15
Q

How is the fear trigger judged?

A

Subjectively, so if D genuinely fears serious harm from V, D can use the defence even if D’s fear is unreasonable.

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16
Q

What does s55(4) of the Coroners and Justice Act 2009 say?

A

To use the anger trigger, D’s loss of control must come from things said or done by V which must be of an extremely grave character and give D a justifiable sense of being seriously wronged.

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17
Q

What happened in Evans?

A

D could not use the anger trigger because the refusal of the offer of a cup of tea was not of an extremely grave character not was it justifiable to feel seriously wronged because it was very trivial.

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18
Q

What does s55(5) of the Coroners and Justice Act 2009 say?

A

There can be a combination of qualifying triggers.

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19
Q

What does s55(6)(c) Coroners and Justice Act 2009 say?

A

The fact that the thing said or done constituted sexual infidelity must be disregarded (i.e you can’t use sexual infidelity as a qualifying trigger).

20
Q

What did the court say about sexual infidelity in R v Clinton?

A

If only sexual infidelity is relied on for qualifying triggers, it must be disregarded. But it would be unrealistic to exclude it where it is integral to the facts of a case.

21
Q

What did the court say about sexual infidelity in R v Clinton?

A

If only sexual infidelity is relied on for qualifying triggers, it must be disregarded. But it would be unrealistic to exclude it where it is integral to the facts of a case (it can be used as context when necessary).

22
Q

What does s55(6)(a) and (b) of the Coroners and Justice Act 2009 say?

A

D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence.

23
Q

What does s54(3) of the Coroners and Justice Act 2009 say?

A

The circumstances of D refers to all of D’s circumstances other than those whose only relevance to D’s conduct is that they bear on D’s general capacity for tolerance or self-restraint. (i.e if D has a short temper this will generally not be considered).

24
Q

When can factors affecting D’s general capacity for tolerance or self-restraint be considered?

A

Asmelash- when they are relevant/ linked to the thing said or done by V (for example if D was being teased for having a short temper).

25
Q

What is the test for s54(1)(c) of the Coroners and Justice Act 2009?

A

Would a (insert sex and age) who (insert relevant circumstances) but with normal levels of tolerance and self restraint have done something similar to (insert what D did)?

26
Q

Which act gave the 4 elements of diminished responsibility?

A

s2 Homicide Act 1957 (amended by the Coroners and Justice Act 2009)

27
Q

What are the 4 elements of diminished responsibility?

A

A
-D was suffering from an abnormality of mental functioning
-Arising from a recognised medical condition
-As to substantially impair D’s ability to understand the nature of his conduct, or form a rational judgement, or exercise self control
-And provides an explanation for D’s acts/ omissions in doing/ being party to the killing.

28
Q

Who has the burden of proof for proving diminished responsibility and what is the standard of proof?

A

D must prove it on the balance of probabilities.

29
Q

What is the definition of abnormality of mental functioning?

A

Byrne- a state of mind/ mental functioning so different from that of an ordinary human being that a reasonable man would term it abnormal.

30
Q

What do you look for in scenarios when dealing with abnormality of mental functioning?

A

The symptoms D is displaying.

31
Q

How does D show they are suffering from a recognised medical condition?

A

Psychiatric evidence.

32
Q

What was the recognised medical condition in Martin?

A

Paranoid personality disorder

33
Q

What was the recognised medical condition in Ahluwalia?

A

Battered woman’s syndrome

34
Q

What was the recognised medical condition in Seers?

A

Depression

35
Q

What was the recognised medical condition in Brown?

A

Extreme stress

36
Q

What was the recognised medical condition in Boots?

A

Postnatal depression

37
Q

What was the recognised medical condition in Edgington?

A

Schizophrenia and bipolar

38
Q

What was the recognised medical condition in Hennessy?

A

Diabetes

39
Q

What does not count as a recognised medical condition?

A

Di Duca- the immediate effects if alcohol or drugs.

40
Q

When can alcohol or drugs be used as a recognised medical condition?

A

Wood- with an alcohol or drug addiction/ dependency

41
Q

When can brain damage be a recognised medical condition?

A

Tandy- when the brain is damaged from alcohol or drug misuse or an injury.

42
Q

What does substantially impaired mean?

A

R v Golds- when the impairment made a real difference to D’s conduct.

42
Q

What does substantially impaired mean?

A

R v Golds- when the impairment made a real difference to D’s conduct.

43
Q

What does it mean for D to not understand the nature of their conduct?

A

D thinks they are doing one thing and in fact are doing another.

44
Q

What does it mean for D to not be able to form a rational judgement?

A

D’s reason for killing is not rational.

44
Q

What does it mean for D to not be able to form a rational judgement?

A

D’s reason for killing is not rational.

45
Q

What does it mean for D to not be able to exercise self control?

A

D can’t control desires or urges.