Voluntary Manslaughter

Question 1

What is manslaughter ?

Answer 1

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

Question 2

What are the two types of man slaughter ?

Answer 2

Voluntary and involuntary

Question 3

What is voluntary manslaughter ?

Answer 3

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

Question 4

What is involuntary manslaughter ?

Answer 4

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

Question 5

What type of manslaughter is loss of control ?

Answer 5

Voluntary manslaughter

Question 6

What is the definition of loss of control ?

Answer 6

S 54 coroners and justice act 2009- 3 stage test

Question 7

What is loss of control ?

Answer 7

When the D was provoked and reacts to this

Question 8

What is stage 1 of loss of control ?

Answer 8

The D must have lost control

Question 9

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

Answer 9

The loss of control does not have to be sudden

Question 10

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

Answer 10

The D is less likely to get the defense

Question 11

What is the case example for loss of control ?

Answer 11

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

Question 12

What is stage 2 of loss of control ?

Answer 12

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

Question 13

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

Answer 13

Fear of serious violence trigger and Anger trigger

Question 14

What is the fear of serious violence trigger ?

Answer 14

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

Question 15

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

Answer 15

Pearson

Question 16

What is the anger trigger ?

Answer 16

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

Question 17

What type of test is the anger trigger ?

Answer 17

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

Question 18

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

Answer 18

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

Question 19

What is stage 3 of loss of control ?

Answer 19

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

Question 20

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

Answer 20

Holley

Question 21

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

Answer 21

Defense cannot be successful in a desire for revenge

Question 22

What is diminished responsibility ?

Answer 22

When the D is suffering from a mental health injury

Question 23

What is the definition of diminished responsibility ?

Answer 23

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

Question 24

What type of manslaughter is diminished responsibility ?

Answer 24

Voluntary manslaughter

Question 25

What is the 1st stage of diminished responsibility ?

Answer 25

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

Question 26

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

Answer 26

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.

Question 27

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

Answer 27

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

Question 28

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

Answer 28

The abnormality must substantially impair d’s ability to Form a rational judgement Understand the nature of their conduct Exercise self -control

Question 29

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

Answer 29

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

Question 30

What is stage 3 diminished responsibility ?

Answer 30

D’s abnormality must provide an explanation for the killing

Question 31

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

Answer 31

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

Question 32

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

Answer 32

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