Voluntary Manslaughter Flashcards

1
Q

What three things consist of voluntary manslaughter section 56(1)

A

Diminished responsibility
Loss of control
Suicide pact

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2
Q

What is the qualifying triggers of loss of control

A
  1. The defendants fears serious violence
  2. An act which was provocative
  3. Must be a combination of the pair
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3
Q

Explain R v Woolin ( a defence to murder)

A

Murder was examined and refined as to the subjectivity of the
Defendant ///smashed the baby in frustration but didn’t mean to kill the son

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4
Q

What is the scope of voluntary manslaughter

A

It reduces the otherwise sentence you get for murder

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5
Q

What the elements of diminished responsibility (4 stage test)

A
  1. Was the defendant suffering from an abnormal functioning
    2.is the issue a medial condition
    3.did it reduce the ability to understand
  2. Does it explain their actions
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6
Q

What is woolmington burden of proof

A

The prosecution proving the guilt of the defendant is beyond reasonable doubt

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