Voluntary Manslaughter Flashcards
What is voluntary manslaughter?
Where the defendant has satisfied the actus reus and mens rea of murder but murder conviction is reduced to voluntary manslaughter by way of diminished responsibility or loss of control
What is the effect at sentencing if the defendant is found guilty of voluntary manslaughter?
The defendant is not given a mandatory life sentence but the judge has discretion in sentencing
Are diminished responsibility and loss of control full or partial defences?
Partial defences
Is diminished responsibility available for attempted murder?
No
Who has the burden in relation to diminished responsibility?
The defence must prove on the balance of probabilities that the defendant was acting under diminished responsibility
What four elements must be present for there to be a successful defence of diminished responsibility?
- D must have an abnormality of mental functioning
- that abnormality of mental functioning must arise from a recognised medical condition
- that abnormality of mental functioning must have substantially impaired the defendant’s ability to understand the nature of their conduct, form a rational judgment and/or exercise self-control
- that abnormality of mental functioning must provide an explanation for D’s conduct
What is an abnormality of mental functioning for diminished responsibility?
Must be a state of mind so different form that of ordinary human beings that the reasonable man would term it abnormal
What does it mean that the abnormality of mental functioning must arise from a recognised medical condition for diminished responsibility?
Must come from recognised medical condition and not something else such a hatred, jealousy or bad temper
Can the abnormality of mental functioning arise from an undiagnosed medical problem for diminished responsibility?
Yes
When will alcohol problems amount to an abnormality of mental functioning for diminished responsibility?
When the problem is alcohol dependency syndrome
Frequent binge drinking or one-off intoxication not enough
What will amount to a substantial impairment of d’s ability for diminished responsibility?
When D cannot do one of the following:
- understand the nature of their conduct
- form a rational judgment
- exercise self-control
In terms of defence of diminished responsibility, what does ‘substantial’ in the terms of ‘substantial impairment’ mean?
Substantial should be given its ordinary meaning
When will the defendant’s act provide an explanation for D’s conduct for diminished responsibility?
When it causes or is a significant contributory factor in causing, D to carry out that conduct.
Need not be the only cause.
What role do medical experts play in the defence of diminished responsibility?
As all four elements of defence are concerned with psychiatric matters, evidence for medical experts may be highly persuasive.
If medical evidence presents that all four elements of defence are satisfied and that is uncontested, then judge should remove murder charge from jury/
Who bears the burden in relation to the defence of loss of control?
Once raised, it is for the prosecution to to prove that not all elements of the defence are present for it to fail
Who decides if the defence of loss of control can go to the jury?
The judge
What are the three elements for loss of control?
- there must be a loss of control
- there must be a qualifying trigger
- a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way
What is required for there to be ‘loss of control’?
The defendant’s act or omission in killing must have resulted from loss of control.
Defendant’s must be unable to restrain themselves.
Must be more than loss of temper.
What impact will timing have in deciding whether ‘loss of control’ element is present?
Whilst no requirement for loss of control to be sudden, longer delay between provocation and killing makes it less likely for there to be loss of control.
Any premeditation or considered desire for revenge will prevent defence from running
What must the link between the qualifying trigger and the loss of control be for loss of control defence?
The qualifying trigger must be identified as the cause of loss of control
What two potential triggers are there for the loss of control defence?
- fear trigger
- anger trigger
What fear must be present for the fear trigger for loss of control?
There must be fear of serious violence.
Cannot be used if D incited violence
What three elements must be present for the anger trigger for loss of control defence?
- things said or done
- constitute circumstances of an extremely grave nature
- caused D to have a justifiable sense of being seriously wronged
When can D not rely on the anger trigger for loss of control defence?
When D incited the anger as an excuse to use violence
When the thing said/done constituted sexual infidelity
