Voluntary Manslaughter

Question 1

Definition of manslaughter

Answer 1

Unlawful killing done without an intention to kill or cause GBH

Question 2

What is voluntary manslaughter

Answer 2

Intended to kill
But had a defence
1) loss of control
2) diminished responsibility

Question 3

What is involuntary manslaughter

Answer 3

Didn’t intend to kill but someone is dead
1) unlawful act manslaughter
2) gross negligence manslaughter

Question 4

Voluntary manslaughter loss of control was introduced by which section

Answer 4

Section 54 coroner’s and justice act 2009

Question 5

Stage 1 . Loss of control

Answer 5

Defendant must have lost their control
S.54 (2) . Loss of control does not have to be sudden but the longer the delay the less likely the D is to get the defence
R V GREGSIN

Question 6

Stage 2 . Loss of control

Answer 6

Qualifying trigger
Fear trigger
Anger trigger

Question 7

Fear trigger

Answer 7

Fear of serious violence
D must have genuine fear but the violence need not be directed at the defendant
R V PEARSON

Question 8

Anger trigger (objective test)

Answer 8

1) things said or things done
2) the things said or done must amount to grave provocation
3) caused the defendant to have a justifiable sense of being seriously wronged
R V HATTER

Question 9

Anger trigger side rule

Answer 9

If the thing said or done is sexual infidelity it cannot be used as the only factor for defence. There must be something else
R V CLINTON

Question 10

Stage 3 S.54(3) . Loss of control

Answer 10

Would a person of the same age and gender and normal degree of tolerance have acted in a similar way
R V HOLLEY

Question 11

Stage 3 side rule

Answer 11

The defence cannot be successful in a desire for revenge
R V EVANS

Question 12

Diminished responsibility came from?

Answer 12

Homicide act 1957 amended by coroner’s and justice act 2009

Question 13

Proof of diminished responsibility

Answer 13

Burden of proof is on defendant

Question 14

Stage one. Diminished responsibility

Answer 14

Section 52 . Stage 1. Defendant must be suffering from an abnormality of mental functioning
R V BYRNE

Mental functioning defined as : state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal

Question 15

Types of mental illnesses and cases
MUST LEARN

Answer 15

Battered wives syndrome ~ R v Hobson

Epilepsy ~ R v Campbell

Chronic depression ~R v seers

Pre menstrual tension ~ R v Smith

Drug/ alcohol dependency syndrome ~ R v Stewart

Paranoia/ personality disorder ~< R v Martin

Irresistible impulse ~ R v byre

Question 16

Case for battered wives syndrome

Answer 16

HOBSON

Question 17

Case for epilepsy

Answer 17

CAMPBELL

Question 18

Case for chronic depression

Answer 18

SEERS

Question 19

Case for pre menstrual tension

Answer 19

SMITH

Question 20

Case for Drug/alcohol dependency syndrome

Answer 20

STEWART

Question 21

Paranoia/ personality disorder

Answer 21

MARTIN

Question 22

Irresistible impulse

Answer 22

BYRE

Question 23

Stage 2 . Diminished
The abnormality must substantially impact the defendant’s ability to :….

Answer 23

1. From rational judgement
2. Understand the nature of their actions
3. Exercise self control

Question 24

Stage 2 …. Diminished also says

Answer 24

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

Question 25

Stage 3 diminished
The abnormality must provide a reason for the killing

Answer 25

S.2(1)b. Homicide act 1957 (amended) :
The abnormality must be a significant contributory factor in the killing

Question 26

Stage 3 diminished side rule

Answer 26

If the defendant is intoxicated, the jury must ignore the intoxication completely
DEITCHMAN