voluntary manslaughter Flashcards
What type of defence is loss of control?
A statutory, partial and specific defence to murder.
Where can loss of control be found?
The Coroners and Justice Act 2009
What does s54(1)(a) of the Coroners and Justice Act 2009 say?
D must suffer from a loss of self control.
How does Jewell define a loss of self control?
Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.
What behaviours or emotions might indicate a loss of self control?
-D snaps
-Rage
-Anger
-Aggression/ violence
-Shaking/ crying
-Calmness
What does s54(2) of the Coroners and Justice Act 2009 say?
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.
Which case is an example of s54(2)?
R v Dawes
What kind of circumstances might make a person slower or quicker to lose control?
-Gender
-Short temper
-Cumulative provocation
-Intoxication
What does s54(4) of the Coroners and Justice Act 2009 say?
The defendant can’t use the defence of loss of control if he acted out of a ‘considered desire for revenge’.
How was s54(4) applied to R v Jewell?
It was decided that there was a considered desire for revenge so D couldn’t use the defence.
What does s54(1)(b) of the Coroners and Justice Act 2009 say?
D’s loss of self control must come from a qualifying trigger.
What does s55(3) of the Coroners and Justice Act 2009 say?
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.
Which case clarified that D must fear serious violence (e.g. GBH or death) to use s55(3)?
R v Clinton
What happened in R v Ellis?
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.
How is the fear trigger judged?
Subjectively, so if D genuinely fears serious harm from V, D can use the defence even if D’s fear is unreasonable.
What does s55(4) of the Coroners and Justice Act 2009 say?
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.
What happened in Evans?
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.
What does s55(5) of the Coroners and Justice Act 2009 say?
There can be a combination of qualifying triggers.
What does s55(6)(c) Coroners and Justice Act 2009 say?
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).
What did the court say about sexual infidelity in R v Clinton?
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.
What did the court say about sexual infidelity in R v Clinton?
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).
What does s55(6)(a) and (b) of the Coroners and Justice Act 2009 say?
D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence.
What does s54(3) of the Coroners and Justice Act 2009 say?
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).
When can factors affecting D’s general capacity for tolerance or self-restraint be considered?
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).
What is the test for s54(1)(c) of the Coroners and Justice Act 2009?
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)?
Which act gave the 4 elements of diminished responsibility?
s2 Homicide Act 1957 (amended by the Coroners and Justice Act 2009)
What are the 4 elements of diminished responsibility?
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.
Who has the burden of proof for proving diminished responsibility and what is the standard of proof?
D must prove it on the balance of probabilities.
What is the definition of abnormality of mental functioning?
Byrne- a state of mind/ mental functioning so different from that of an ordinary human being that a reasonable man would term it abnormal.
What do you look for in scenarios when dealing with abnormality of mental functioning?
The symptoms D is displaying.
How does D show they are suffering from a recognised medical condition?
Psychiatric evidence.
What was the recognised medical condition in Martin?
Paranoid personality disorder
What was the recognised medical condition in Ahluwalia?
Battered woman’s syndrome
What was the recognised medical condition in Seers?
Depression
What was the recognised medical condition in Brown?
Extreme stress
What was the recognised medical condition in Boots?
Postnatal depression
What was the recognised medical condition in Edgington?
Schizophrenia and bipolar
What was the recognised medical condition in Hennessy?
Diabetes
What does not count as a recognised medical condition?
Di Duca- the immediate effects if alcohol or drugs.
When can alcohol or drugs be used as a recognised medical condition?
Wood- with an alcohol or drug addiction/ dependency
When can brain damage be a recognised medical condition?
Tandy- when the brain is damaged from alcohol or drug misuse or an injury.
What does substantially impaired mean?
R v Golds- when the impairment made a real difference to D’s conduct.
What does substantially impaired mean?
R v Golds- when the impairment made a real difference to D’s conduct.
What does it mean for D to not understand the nature of their conduct?
D thinks they are doing one thing and in fact are doing another.
What does it mean for D to not be able to form a rational judgement?
D’s reason for killing is not rational.
What does it mean for D to not be able to form a rational judgement?
D’s reason for killing is not rational.
What does it mean for D to not be able to exercise self control?
D can’t control desires or urges.
