Voluntary Manslaughter

Question 1

Where was loss of control defined?

Answer 1

Coroners and Justice Act 2009 s.54

Question 2

Loss of control elements

Answer 2

Loss of control (s.54(1)(a))
Qualifying trigger (s.54(1)(b))
Objective test (s.53(1)(c))

Question 3

Is there a sudden requirement?

Answer 3

No (s.54(2)), but D must remain out of control for the duration between the trigger and murder (Bailie)

Question 4

Valid qualifying triggers

Answer 4

Fear trigger (s.55(3)) (Sian)
Anger trigger (s.55(4)) (Zebedee)

Question 5

Requirements for valid anger trigger

Answer 5

Trigger must have been of grave nature and/or cause D to have a justifiable sense of being wronged.

Question 6

R v Zebedee

Answer 6

Case for anger trigger

Question 7

Objective test for loss of control

Answer 7

Reasonable person of same characteristics would do the same (s.54(1)(c)) (Camplin)

Question 8

Camplin

Answer 8

Objective test for LoC

Question 9

Rule regarding sexual infidelity in LoC (cheating)

Answer 9

Not a valid anger trigger, however it is still valid if it is a mere component of said anger trigger. (It cannot be the main thing in other words)

Question 10

Where was diminished responsibility defined?

Answer 10

Coroners and Justice Act 2009 s52(1)

Question 11

Diminished Responsibility definition

Answer 11

A person who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning.

Question 12

s52(1) Coroners and Justice Act 2009

Answer 12

Diminished Responsibility definition

Question 13

Components of DR

Answer 13

Abnormality of mental functioning
Recognised medical condition
Substantial impairment

Question 14

D must be suffering from a recognized medical condition

Diminished Responsibility

Answer 14

Ahluwalia (1992)

Question 15

Substantial impairment case

Diminished Responsibility

Answer 15

R v Campbell

Question 16

Abnormality of mental functioning (DR)

Answer 16

D’s mental functioning must be so different from that of ordinary human beings that the reasonable man would term it abnormal

Question 17

Byrne

Answer 17

Abnormality of mental functioning

Question 18

Recognised medical condition

Answer 18

D must suffer from a medical condition (Reynolds). Intoxication is NOT a medical condition (Fenton)

Question 19

Reynolds

Answer 19

D must suffer from a medical condition.

Question 20

Fenton

Answer 20

Intoxication is not a medical condition.

Question 21

Gittens

Answer 21

Intoxication is ignored if D is already mentally impaired.

Question 22

Wood

Answer 22

Alcohol abuse resulting in brain damage and involuntarily drinking do not nullify DR.

Question 23

Intoxication is not a medical condition. (case)

Answer 23

Fenton

Question 24

Intoxication is ignored if D is already mentally impaired. (case)

Answer 24

Gittens

Question 25

Can alcohol abuse resulting in brain damage and involuntarily drinking nullify DR? (case)

Answer 25

No (Wood)

Question 26

Substantial impairment

Answer 26

D must be impaired to such a degree that he cannot understand the nature of his conduct, form a rational judgement or exercise self-control.

Question 27

How is “substantial” impairment decided?

Answer 27

By the jury (Lloyd)

Question 28

Impairment components and cases

Answer 28

Understand nature of conduct - (blank)
Form rational judgement (Martin)
Exercise self control (Byrne)