Voluntary Manslaughter Flashcards
Where was loss of control defined?
Coroners and Justice Act 2009 s.54
Loss of control elements
Loss of control (s.54(1)(a))
Qualifying trigger (s.54(1)(b))
Objective test (s.53(1)(c))
Is there a sudden requirement?
No (s.54(2)), but D must remain out of control for the duration between the trigger and murder (Bailie)
Valid qualifying triggers
Fear trigger (s.55(3)) (Sian)
Anger trigger (s.55(4)) (Zebedee)
Requirements for valid anger trigger
Trigger must have been of grave nature and/or cause D to have a justifiable sense of being wronged.
R v Zebedee
Case for anger trigger
Objective test for loss of control
Reasonable person of same characteristics would do the same (s.54(1)(c)) (Camplin)
Camplin
Objective test for LoC
Rule regarding sexual infidelity in LoC (cheating)
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)
Where was diminished responsibility defined?
Coroners and Justice Act 2009 s52(1)
Diminished Responsibility definition
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.
s52(1) Coroners and Justice Act 2009
Diminished Responsibility definition
Components of DR
Abnormality of mental functioning
Recognised medical condition
Substantial impairment
D must be suffering from a recognized medical condition
Diminished Responsibility
Ahluwalia (1992)
Substantial impairment case
Diminished Responsibility
R v Campbell
Abnormality of mental functioning (DR)
D’s mental functioning must be so different from that of ordinary human beings that the reasonable man would term it abnormal
Byrne
Abnormality of mental functioning
Recognised medical condition
D must suffer from a medical condition (Reynolds). Intoxication is NOT a medical condition (Fenton)
Reynolds
D must suffer from a medical condition.
Fenton
Intoxication is not a medical condition.
Gittens
Intoxication is ignored if D is already mentally impaired.
Wood
Alcohol abuse resulting in brain damage and involuntarily drinking do not nullify DR.
Intoxication is not a medical condition. (case)
Fenton
Intoxication is ignored if D is already mentally impaired. (case)
Gittens
Can alcohol abuse resulting in brain damage and involuntarily drinking nullify DR? (case)
No (Wood)
Substantial impairment
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.
How is “substantial” impairment decided?
By the jury (Lloyd)
Impairment components and cases
Understand nature of conduct - (blank)
Form rational judgement (Martin)
Exercise self control (Byrne)
