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My Law Revision Cards > Voluntary Manslaughter > Flashcards

Voluntary Manslaughter Flashcards

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1
Q

What is manslaughter ?

A

When the V has died but the the D did not have clear intention

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2
Q

What are the two types of man slaughter ?

A

Voluntary and involuntary

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3
Q

What is voluntary manslaughter ?

A

Voluntary manslaughter is a defense the D can use when charged with murder

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4
Q

What is involuntary manslaughter ?

A

Involuntary manslaughter is an offense that the D can be charge with

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5
Q

What type of manslaughter is loss of control ?

A

Voluntary manslaughter

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6
Q

What is the definition of loss of control ?

A

S 54 coroners and justice act 2009- 3 stage test

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7
Q

What is loss of control ?

A

When the D was provoked and reacts to this

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8
Q

What is stage 1 of loss of control ?

A

The D must have lost control

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9
Q

What does s54 (2) say about loss of control ?

A

The loss of control does not have to be sudden

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10
Q

According to loss of control what happens as the delay gets longer ?

A

The D is less likely to get the defense

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11
Q

What is the case example for loss of control ?

A

Gregson- When assessing if the D ha lost control you are allowed to take into account their circumstances

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12
Q

What is stage 2 of loss of control ?

A

S 55 coroners and justice act 2009- The loss of control must be due to qualifying factor ( reason why )

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13
Q

What are the 2 triggers a D can use which caused the loss of control ?

A

Fear of serious violence trigger and Anger trigger

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14
Q

What is the fear of serious violence trigger ?

A

This a subjective test, the D must have a genuine fear but the violence doesn’t need to be directed at the D

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15
Q

What is the case example for the fear of serious violence trigger ?

A

Pearson

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16
Q

What is the anger trigger ?

A

Things said/ done amounting to circumstances of extremely grave character caused D to have a justifiable sense of feeling wronged

17
Q

What type of test is the anger trigger ?

A

Fully objective test - Would a reasonable person have a sense of feeling wronged ?

18
Q

Can the anger trigger be used if the only provocation was sexual infidelity + case example ?

A

Clinton- If the qualifying trigger is only sexual infidelity, the defense is lost. There must be another provoking factor.

19
Q

What is stage 3 of loss of control ?

A

S 54 (3)- Would a person of the same age / gender, with a normal sense of tolerance react in the same way ?

20
Q

What is the case example for stage 3 of loss of control ?

A

Holley

21
Q

What is the side rule with the case example of Evans ?

A

Defense cannot be successful in a desire for revenge

22
Q

What is diminished responsibility ?

A

When the D is suffering from a mental health injury

23
Q

What is the definition of diminished responsibility ?

A

s52 coroners and justice act - laid out a 3 stage test

24
Q

What type of manslaughter is diminished responsibility ?

A

Voluntary manslaughter

25
Q

What is the 1st stage of diminished responsibility ?

A

D must be suffering from an abnormality of mental functioning which arose from a recognized medical condition ( d must have medical evidence )

26
Q

What is the case example for stage 1 of diminished responsibility ?

A

Byrne - defined “ abnormality of mental functioning as a state of mind so different from that of an ordinary human being that a reasonable man would find it abnormal.

27
Q

What are some examples of abnormality of mental functioning with case examples ?

A

Battered wives syndrome - Hobson
Epilepsy- Campbell
Chronic depression- seers
Pre- menstrual tension- Smith
Alcohol/ drug dependency- Stewart
Paranoia/ personality disorder - Martin
Byrne- Irresistible impulses

28
Q

What is stage 2 of diminished responsibility ? What are the 3 conditions ?

A

The abnormality must substantially impair d’s ability to

Form a rational judgement
Understand the nature of their conduct
Exercise self -control

29
Q

What does the golds case say about stage 2 diminished responsibility ?

A

The abnormality has to be “weighty” (substantial) not trivial

30
Q

What is stage 3 diminished responsibility ?

A

D’s abnormality must provide an explanation for the killing

31
Q

For stage 3 diminished responsibility what does section 2 (1b) (amended) homoside act 1957 say ?

A

The abnormality must be a significant contributory factor in causing D to carry out the killing

32
Q

What is the side rule by dietschmann for stage 3 diminished responsibility ?

A

If the D was suffering from an abnormality and was intoxicated at the same time, the jury must ignore the drinking and consider the abnormality alone

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