Voluntary Manslaughter Flashcards
Q: What is voluntary manslaughter?
It is more of a finding by a court than an offence with which a person can be charged, as murder does not account for special defences or allow for alternative sentencing. Gives the court more flexibility in sentences by considering special defences of D which are only available for someone who is charged with murder, NOT attempted murder
Q: What do special defences do to the charge?
If successful, special defences do not result in acquittal, instead they convert murder into manslaughter.
Q: What is the sentence for manslaughter?
Also carries a life sentence, but this is a maximum sentence of life and not a mandatory sentence of life. The judge can consider other circumstances and pass the sentence he deems appropriate.
Q: What are the 3 defences to murder?
- Diminished responsibility
- Loss of control
- Suicide pact
