Voluntary manslaughter Flashcards
Diminished responsibility
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
Abnormality
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)
Abnormality - Causes
explained in Homicide Act 1957
covers both psychological and physical conditions
(covers any recognised mental disorder)
Substantially impaired
breakdown has to be substantial enough
psychiatrist needed and it has to be enough to explain your actions
Ability to understand nature of conduct
automatic state - they don’t know what they are doing
e.g. delusional, severe learning difficulties
Automatic state
not in control of your actions physically or mentally
Delusional
strange thoughts of whats happening when it isn’t happening
e.g. paranoid
Ability to form a rational judgement
D does know what they are doing but can’t form a rational judgement
e.g. Paranoia, Schizophrenia, Battered spouse syndrome
Battered spousal syndrome
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
Ability to exercise self control
unable to control actions
Diminished responsibility - as a partial defence
must be a connection between Ds abnormality of the function and the killing
Intoxication
will not get a defence (Dowds 2012)
Alcohol dependency syndrome
(recognised medical condition) if diagnosed and could explain your actions then it could work as a defence
Intoxication and abnormality
if they are present at the same time then they may be able to use as a defence
Approach for jury to decide
- The defendant have a recognised condition
- Can they make rational judgements and exercise self control
- Did the abnormality case or was a significant factor
If all three can be satisfied the conviction can become manslaughter
Diminished responsibility and intoxication
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
3 stage test for juries (R v Stewart 2009)
- Was D suffering of mind, merely having ADS isn’t enough
- If so was the abnormality caused by ADS
- If so was ads mental responsibility substantially impaired
Problems remain
burden of proof is on D, in most cases when a defence is raised it is up to prosecution to disprove it
Everyone is presumed innocent until proven
so it is unfair for the defendant to have to try and prove their innocence
Problems - Law Commission
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
