voluntary manslaughter Flashcards
what is voluntary manslaughter
the crime of killing another person unlawfully in circumstances that do not amount to murder
Had the actus reus not the mens rea
example of voluntary manslaughter
without premeditation or as a result of mitigating circumstances such as diminished responsibility
whats the defence of voluntary manslaughter
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
what statue is diminished responsibility
s.2 homicide act 1957 as amended by s.52 coroners and justice act 2009
what statute is loss of control
s.54-55 coroners and justice act 2009
what diminished responsibility in law
if they are suffering from an abnormality of mental functioning
what are the 2 parts of diminished responsibility
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
what can the judge accept with diminished responsibility
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
what’s the four things that diminished responsibility needs to prove
abnormality of mental functioning
substantially impaired
arising from recognised medical condition RMC
provides an explanation for the defendant’s act or omissions
what is abnormality of mental functioning AMF
this states of mind that a reasonable man would find abnormal. doesn’t need to be permanent
case link byrne 1960
what happened in Byrne 1960
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
HELD for byrne 1960
“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
what’s the 3 parts to substantially impaired the defendant’s ability to
A) understand the nature of D’s conduct
B) form a rational judgement
C) exercise self-control
what’s arising rom recognised medical condition RMC
the impairment must be substantial
case link is Gold 2014
what happened in Golds 2014
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
what is provided an explanation for D’s act or omissions
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
what happened in r v sanders 1991
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.
HELD in r v sanders 1991
the defendant was liable for the murder of his daughter. his intention to kill his wife was transferred to the daughter
whats the general rule of intoxication
it is enough can not be for a partial defence
what happened in Dowds (2012)
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.
HELD: Dowds (2012)
appeal dismissed. ruled it was voluntary acute intoxication, whether from alcohol substance so cant appeal for diminished responsibility
if someone is mentally impaired and commits murder when drunk. the courts show what
the courts have to show if the medicine is the main factor
what happened in R v Gittens
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
HELD: Rv gittens 1984
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
What’s the difference between intoxication with or without dependency/ addiction
Killing someone when drunk but they are drinking due to their mental condition, meaning it was cause of killing
What happened Tandy 1989
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
What did LJ Watkins stated in Tandy 1989
” 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.”
HELD: Tandy 1989
Conviction of murder upheld. The appellant had demonstrated in her evidence that she had exercised control over her drinking. ( very high dependency)
What’s the defence of loss control and the statute
It is partial defence to murder
5.54 coroners& Justice act 2009, s.3 homicide
What’s the 3 key elements of loss of control
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
A slow burner crime
Battered women syndrome - where some one getting non stop abused and waits until they can act
What happened in Rv gurpinar 2015
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
How many qualifying triggers are there
2
What section is fear trigger under
S.55(3)
What is fear trigger
D’s fear serious violence from identified person, need not be reasonable
What case links to fear trigger
Martin 2002
What happened in martin 2002
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.
Held: martin 2002
He plea of self-defence but was rejected and was convicted of murder but he states diminished responsibility so sentence was lessen
What section is the anger trigger under
S.55(4)
What is the anger trigger
Things done or said which something serious extremely grave character and D to have a justifiable sense of being seriously wronged
What’s standard of self control
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
What section is standard of self-control under
S.54 follows the old law provocation as seen in cases of camplin 1978
What happened in camplin 1978
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.
Held: camplin 1978
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
Voluntary intoxication self control
A defendant who is voluntary intoxicated will not generally be able to rely on control
However, voluntary intoxication of self control
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
