voluntary manslaughter Flashcards
what act covers loss of control?
s54/55 of the Coroners and Justice Act 2009
what are the three stages of the loss of control test?
1 - the defendant must lose control
2 - due to a qualifying trigger
3 - a person of their sex and age, with a reasonable degree of tolerance, may have reacted in the same way in the same circumstances
explain ‘the defendant must lose control’
-s54(1)(b)
-doesn’t have to be sudden just has to take place
explain what is meant by a qualifying trigger
-s55
-fear of serious violence, though the violence can’t be incited by the defendant, and they will have to prove they genuinely feared serious violence (fear trigger)
-or something said/done by the victim that constituted circumstances of an extremely grave character
-breakdown of a relationship isn’t sufficient by itself
-sexual infidelity alone isn’t sufficient
-the defence isn’t available to those with a desire for revenge
explain what the reasonable person test is in relation to loss of control
-s54(1)(c)
-a question for the jury to decide
-additional characteristics may be relevant
-s54(3) - circumstances relating to the defendants general capacity to exercise tolerance and self-restraint are disregarded
what is the burden of proof for loss of control?
burden is on the prosecution to prove beyond reasonable doubt that there was no loss of control
key cases on loss of control
-R v Clinton - ex-wife taunts, all elements
-R v Dawes - bottle attack, stabbed, qualifying triggers
-R v Asmelash - murdered the victim while intoxicated, alcohol and drugs
-R v Rejmanski - soldier taunted, qualifying triggers, PTSD
what acts covered diminished responsibility?
originally s2 of the Homicide Act 1957
amended by s52 of the Coroners and Justice Act 2009
what is the 4 stage test for diminished responsibility?
-the defendant was suffering from an abnormality of mental functioning
-which has arisen from a recognised medical condition
-which substantially impaired their ability to form a rational judgement, or understand the nature of their conduct, or exercise self-control
-does it thus explain their behaviour?
what is meant by an abnormality of mental functioning?
a state of mind so different from that of ordinary human beings that the reasonable person would deem it abnormal
covers the ability to exercise willpower or to control physical acts in accordance with rational judgement and is a question for a jury
what is a recognised mental condition?
found in the world health organization’s international classification of diseases. although just because it appears on that list doesn’t mean it can be relied upon (R v Dowds)
what is substantial impairment?
prevents them from being able to do the 3 things listed
must have evidence and must be raised by the defence
how do the previous points explain their behaviour?
has to be at least a significant contributory factor in causing the defendant to act the way they did, not the only cause or even the most important (more than merely trivial)
defence shouldn’t succeed if the defendant would have killed despite their medical condition
the effects of alcohol don’t amount unless it caused brain damage
what is the burden of proof for diminished responsibility?
defendant has to prove it on the balance of probabilities
key cases on diminished responsibility
-R v Golds - stabbed his wife 22 times, history of mental disorder, substantial impairment
-R v Dietschmann - broken watch, killed friend, medicated for suicidal thoughts, abnormality and alcohol
