Voluntary manslaughter

Question 1

Diminished responsibility

Answer 1

a murder charge is lowered to manslaughter (a person isn’t convicted of murder if they are suffering from an abnormality)
must be a link between your abnormality and what you did

Question 2

Abnormality

Answer 2

a state of mind so different from that of ordinary human beings that the reasonable man would term as abnormal (Byrne 1960 - sexual psychopath and saw what he did as acceptable and normal)

Question 3

Abnormality - Causes

Answer 3

explained in Homicide Act 1957
covers both psychological and physical conditions
(covers any recognised mental disorder)

Question 4

Substantially impaired

Answer 4

breakdown has to be substantial enough
psychiatrist needed and it has to be enough to explain your actions

Question 5

Ability to understand nature of conduct

Answer 5

automatic state - they don’t know what they are doing
e.g. delusional, severe learning difficulties

Question 6

Automatic state

Answer 6

not in control of your actions physically or mentally

Question 7

Delusional

Answer 7

strange thoughts of whats happening when it isn’t happening
e.g. paranoid

Question 8

Ability to form a rational judgement

Answer 8

D does know what they are doing but can’t form a rational judgement
e.g. Paranoia, Schizophrenia, Battered spouse syndrome

Question 9

Battered spousal syndrome

Answer 9

a partner has been so controlled that they lose it and react in a bad way
a psychological condition that can develop when a person experiences abuse, usually at the hands of an intimate partner

Question 10

Ability to exercise self control

Answer 10

unable to control actions

Question 11

Diminished responsibility - as a partial defence

Answer 11

must be a connection between Ds abnormality of the function and the killing

Question 12

Intoxication

Answer 12

will not get a defence (Dowds 2012)

Question 13

Alcohol dependency syndrome

Answer 13

(recognised medical condition) if diagnosed and could explain your actions then it could work as a defence

Question 14

Intoxication and abnormality

Answer 14

if they are present at the same time then they may be able to use as a defence

Question 15

Approach for jury to decide

Answer 15

1. The defendant have a recognised condition
2. Can they make rational judgements and exercise self control
3. Did the abnormality case or was a significant factor
   If all three can be satisfied the conviction can become manslaughter

Question 16

Diminished responsibility and intoxication

Answer 16

intoxication on its own is a diff defence
- were you intoxicated at the time of the killing
- were you intoxicated but had a preexisting abnormality
- was the intoxication due to addiction

Question 17

3 stage test for juries (R v Stewart 2009)

Answer 17

1. Was D suffering of mind, merely having ADS isn’t enough
2. If so was the abnormality caused by ADS
3. If so was ads mental responsibility substantially impaired

Question 18

Problems remain

Answer 18

burden of proof is on D, in most cases when a defence is raised it is up to prosecution to disprove it

Question 19

Everyone is presumed innocent until proven

Answer 19

so it is unfair for the defendant to have to try and prove their innocence

Question 20

Problems - Law Commission

Answer 20

the gov rejected the Law Commission’s suggestion in their 2006 report that those under 18 could include developmental immaturity under diminished responsibility.
= this means that a juvenile can’t use diminished responsibility as a defence if they aren’t suffering from abnormality