voluntary manslaughter Flashcards
when does voluntary manslaughter arise
- when D satfisies the actus reus and mens rea of murder, but there are 2 specical defences that arise
which reduce murder to manslaughter
whats the first special defence
- loss of control
set out in s 54 of the coroners and justice act 2009
what is the second special defence
diminished responsibility
set out in s 2 of the homoide at 1957 as amended by s 52 of the coroners and justice act 2009
what is volntary manslaughter
- the verdict when the defendant has a partial defence to murder where the killing was carried out when the D was suffering from loss of control or diminished responsibility
what is the law for loss control
- set out s 54 of the coroners and justice act 2009
what must be proven to show the defence of loss control successful
- D must hav lost self control
- must be a qualifiying trigger
- person of the same sex and age would have reacted in the same way as the D in the same circumstances
what does loss of control mean
- a partial defence to a charge of murder which reduces the offence to one of manslaughter under s 54 of the coroners jsutice act 2009
defendents loss of control rules and regulations
- doesnt have to be sudden
- partial loss wont be sufficient
- temper , anger or a reaction out of character aint sufficient
what case shows an example of regulations
r v jewell
D was unwell, sleepiing badly, tired and depressed and unable to think staight was not enoguh to prove there was loss of control
c
what did r v jewell clarify for courts
- that for a successful loss of control defense there must be clear evidence, of a sudden and temporary loss of control
what happens if the first component of loss of control isnt met
then theres no need to take in the other components
what section states the qualifying triggers for loss of control
section 55
what does section 55 state
qualifying triggers for loss of control
- the D’s fear of serious violence from the vicitm against the D or another person or (zeebedee)
a thing or things said or done which
- consitudes circumstances of an extremely grave character and
- caused the D to have a justifiable sense of being seriously wronged s 55(4)
what does fear of violence amount to
- it can be a qualifiying trigger
- D doesnt have to fear violence from V for it to be a qualifying trigger, can also fear violence from another idenfitied person
what case shows fear of violence
R V WARD
killed a man in a fight after the man had attacked his brother.
CASE ESTABLISHED that you can use acting against someone else as a qualffying trigger
show a case where you cant use fear of violence
- r v dawes
found his wife with V
stabbed and killed V
argued that he lost control due to the circumstances
rejected loss of control
case ESTABLISHED that defense of loss of control is not avaliable if D provoked the V into attacking him and then D attacked back
things said or done-
who decides and what do they decide
jury
they deide if a reasonable person would lose control
what type of trigger is things said or done
anger trigger