voluntary manslaughter

Question 1

what is voluntary manslaughter

Answer 1

the crime of killing another person unlawfully in circumstances that do not amount to murder
Had the actus reus not the mens rea

Question 2

example of voluntary manslaughter

Answer 2

without premeditation or as a result of mitigating circumstances such as diminished responsibility

Question 3

whats the defence of voluntary manslaughter

Answer 3

it is a partial defence for murder has been charged for murder, has actus rea but has defence which brings the charge to VM and sentencing is 0 to life

Question 4

what statue is diminished responsibility

Answer 4

s.2 homicide act 1957 as amended by s.52 coroners and justice act 2009

Question 5

what statute is loss of control

Answer 5

s.54-55 coroners and justice act 2009

Question 6

what diminished responsibility in law

Answer 6

if they are suffering from an abnormality of mental functioning

Question 7

what are the 2 parts of diminished responsibility

Answer 7

A) arose from a recognised medical condition
B) substantially impaired D’s ability to do one or more of the things mentioned in subsection, like having a form a rational judgement

Question 8

what can the judge accept with diminished responsibility

Answer 8

can accept the defendant’s plea of diminished responsibility without this going to the jury 80% of pleas of DR are accepted in this way

Question 9

what’s the four things that diminished responsibility needs to prove

Answer 9

abnormality of mental functioning
substantially impaired
arising from recognised medical condition RMC
provides an explanation for the defendant’s act or omissions

Question 10

what is abnormality of mental functioning AMF

Answer 10

this states of mind that a reasonable man would find abnormal. doesn’t need to be permanent
case link byrne 1960

Question 11

what happened in Byrne 1960

Answer 11

the appellant murdered a young girl staying in a YWCA hostel. he then mutilated her body. he did so as he was suffering from irresistible impulses which he was unable to control

Question 12

HELD for byrne 1960

Answer 12

“abnormality of mind” was wide enough to cover the mind’s activities in all its aspects, including the ability to exercise will power to control physical acts in accordance with rational judgement

Question 13

what’s the 3 parts to substantially impaired the defendant’s ability to

Answer 13

A) understand the nature of D’s conduct
B) form a rational judgement
C) exercise self-control

Question 14

what’s arising rom recognised medical condition RMC

Answer 14

the impairment must be substantial
case link is Gold 2014

Question 15

what happened in Golds 2014

Answer 15

james golds was charged with the murder of his partner Julie white. he admitted to the killing but claimed he had diminished responsibility due to a mental illness, which he argued substantially impaired his mental functioning. despite his defence the jury found him guilty of murder

Question 16

what is provided an explanation for D’s act or omissions

Answer 16

there must be significant link between the abnormality of mental functioning and the conduct resulting in the in the victim’s
case link is sanders 1991

Question 17

what happened in r v sanders 1991

Answer 17

the defendant gave his wife an apple which he had poisoned with arsenic. he wanted to kill her so he could marry another. the wife took a bite from the apple then gave to to their daughter, later she died.

Question 18

HELD in r v sanders 1991

Answer 18

the defendant was liable for the murder of his daughter. his intention to kill his wife was transferred to the daughter

Question 19

whats the general rule of intoxication

Answer 19

it is enough can not be for a partial defence

Question 20

what happened in Dowds (2012)

Answer 20

49 year old man killed his partner in a knife attack whilst being heavily intoxicated. both were binge drinkers, there been numerous violent exchanges. he called the police 2 days the killing saying he had no recollection.

Question 21

HELD: Dowds (2012)

Answer 21

appeal dismissed. ruled it was voluntary acute intoxication, whether from alcohol substance so cant appeal for diminished responsibility

Question 22

if someone is mentally impaired and commits murder when drunk. the courts show what

Answer 22

the courts have to show if the medicine is the main factor

Question 23

what happened in R v Gittens

Answer 23

appellant attacked and killed his wife with a hammer and then raped and killed his daughter. after the killings he suffered from serve depression, he attempted suicide and was hospitalised

Question 24

HELD: Rv gittens 1984

Answer 24

Appellant at his trial was that he suffered from abnormality of substantially impaired his mental responsibility. Doctor called on behalf of the prosecution agreed that the appellant was suffering

Question 25

What’s the difference between intoxication with or without dependency/ addiction

Answer 25

Killing someone when drunk but they are drinking due to their mental condition, meaning it was cause of killing

Question 26

What happened Tandy 1989

Answer 26

D was an alcoholic. She killed her 11 year old daughter by strangulation after daughter told her she was being sexually abuse by her step - father. On that day she had almost drunk a whole bottle of vodka which is alot stronger then her normal drink of cinzano.at her trial she was convicted of murder and appeared

Question 27

What did LJ Watkins stated in Tandy 1989

Answer 27

” The relevant principles applicable to a plea of diminished responsibility due to alcoholism. Appellant would not establish the second element of the defence unless the evidence showed that the abnormality of mind at the time of the killing was due to the fact that show was a chronic.”

Question 28

HELD: Tandy 1989

Answer 28

Conviction of murder upheld. The appellant had demonstrated in her evidence that she had exercised control over her drinking. ( very high dependency)

Question 29

What’s the defence of loss control and the statute

Answer 29

It is partial defence to murder
5.54 coroners& Justice act 2009, s.3 homicide

Question 30

What’s the 3 key elements of loss of control

Answer 30

1). D’s acts and omissions in dong or being a party to the killing resulted from D’s loss of self-control
2). Loss of self - control had a qualifying trigger
3). A person of D’s sex and age with normal degree of tolerance and in circumstances of D might have reacted in the same way or not they can use their defence

Question 31

A slow burner crime

Answer 31

Battered women syndrome - where some one getting non stop abused and waits until they can act

Question 32

What happened in Rv gurpinar 2015

Answer 32

He was convicted of murder, he got in a London fight but he started the knife fight so cant claim self defence, lack of intent
‘ in a considered desire for revenge’ is not loss of control

Question 33

How many qualifying triggers are there

Answer 33

2

Question 34

What section is fear trigger under

Answer 34

S.55(3)

Question 35

What is fear trigger

Answer 35

D’s fear serious violence from identified person, need not be reasonable

Question 36

What case links to fear trigger

Answer 36

Martin 2002

Question 37

What happened in martin 2002

Answer 37

Martin farm had numerous break - ins.one of the break-ins when Freddie barras (16)and Brendan fearon ( 30) broke into the farm. Martin armed with a shotgun and heard the break-ins, then shot both of them in the back.

Question 38

Held: martin 2002

Answer 38

He plea of self-defence but was rejected and was convicted of murder but he states diminished responsibility so sentence was lessen

Question 39

What section is the anger trigger under

Answer 39

S.55(4)

Question 40

What is the anger trigger

Answer 40

Things done or said which something serious extremely grave character and D to have a justifiable sense of being seriously wronged

Question 41

What’s standard of self control

Answer 41

A person of D’s sex and age, with a normal degree of tolerance and self restraint.in D circumstance, so D might have reacted in the same way or similar way

Question 42

What section is standard of self-control under

Answer 42

S.54 follows the old law provocation as seen in cases of camplin 1978

Question 43

What happened in camplin 1978

Answer 43

A 15 year old boy, killed a middle aged man.at the murder trial, the D state that the man raped him and laughed at him so the D lost self control.

Question 44

Held: camplin 1978

Answer 44

The judge ruled that would A reasonable at same sex and age would reacted in the same way, so was found guilty but it was put as voluntary manslaughter

Question 45

Voluntary intoxication self control

Answer 45

A defendant who is voluntary intoxicated will not generally be able to rely on control

Question 46

However, voluntary intoxication of self control

Answer 46

If a sober person may have lost control and reacted in the same way in the circumstance of D, then D maybe able to rely on control, needing prove that the consumption of alcohol or drugs is irrelevant to way that D acted