Voluntary Manslaughter Flashcards
1
Q
What three things consist of voluntary manslaughter section 56(1)
A
Diminished responsibility
Loss of control
Suicide pact
2
Q
What is the qualifying triggers of loss of control
A
- The defendants fears serious violence
- An act which was provocative
- Must be a combination of the pair
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
4
Q
What is the scope of voluntary manslaughter
A
It reduces the otherwise sentence you get for murder
5
Q
What the elements of diminished responsibility (4 stage test)
A
- Was the defendant suffering from an abnormal functioning
2.is the issue a medial condition
3.did it reduce the ability to understand - Does it explain their actions
6
Q
What is woolmington burden of proof
A
The prosecution proving the guilt of the defendant is beyond reasonable doubt