Voluntary Manslaughter Flashcards
When does the offense of voluntary manslaughter arise?
D is charged with murder- has the AR and MR elements satisfied, but successfully pleads a partial defense
What is needed to plea the defense of ‘loss of control’? (which statute applies)
S.54 CJA 2009
subjective test of loss of control + qualifying trigger- fear/anger
Which old defense did ‘loss of control’ replace and what’s the key difference?
The defense of provocation-Ahluwalia 1992; difference: loss of control need not be sudden- s.54 (2)
Define the element of ‘qualifying trigger’- 2 parts (statute)
s.55- fear of serious violence from V- objective test OR things said done of an ‘extremely grave character- seriously wronged
note: both fear and anger can be used at once s.55 (5)
Discuss exclusions, which apply to s.55- qualifying trigger
s.55 (6) (a) and (b)- where D’s fear of violence was caused by D’s actions
where D incited the trigger for the purpose of being seriously wronged
What does s.55 (6) (c) refer to and which case law is also relevant?
s.55 (6) (c)- sexual infidelity does not amount to a qualifying trigger
Clinton and Others [2012]- must be taken into consideration
Loss of Control Defence- 3rd element- reasonableness- s.54 (1) (c) and s.54 (3) CJA 2009
(1)(c) a person of D’s sex and age, with a normal degree of tolerance and self-restraint, in the circumstances of D might have reacted in the same or similar way
(3) all of D’s circumstances
Describe the defence of diminished responsibility- which elements must be satisfied
- Abnormality of mental functioning- arising from a medical condition
- D must have ‘substantially impaired’ ability to understand the nature of their conduct, or form a rational judgment, or exercise self-control
- (1.) must provide ‘an explanation’ for D’s acts and/or omissions
What are the elements of suicide pact defence?
survivor of a joint suicide pact took part in the killing of the other person
