Voluntary Manslaughter Flashcards
What are the 2 kinds of Voluntary manslaughter?
Diminished responsibility
Loss of control
Diminished responsibility definition
S2(1) homicide act 1957
S52 of the coroners and justice act 2009
1.an abnormalitiy of mental functioning
2.which arose from a recognised medical condition
3. Substantially impaired the D’s ability to
a.underatand the nature of their conduct
b. Form a rational judgement
c. Exercise self control
4. The abnormality must prove an explanation for D’s acts and omissions
Diminished responsibility
Abnormalitiy of mental functioning
R v Byrne
The mental functioning must provide a reason for the Ds acts and omissions
R v Byrne case facts
He couldn’t form a mental functioning which was why the charge reduced to manslaughter
Deminished responsibility
From a recognised medical condition
The defence must be suffering form a recognised medical condition
What is the situation and RMC and intoxication?
Tandy/Dowds
Intoxication does not mean diminished responsibility but is able to be with another defence
Deminished responsibility
The substantially impairs D’s ability to do the one of 3 things
Understand the nature of their conduct
Form a rational judgement
Exercise self control
Deminished responsibility
Provides explanation
There must be significant causal link between the mental functioning and the conduct
Loss of control definition
where an unlawful killing occurs followign the defendants loss of contil s5(4) coroners and justice act 2009
3 part test for loss of control
- The defendant must lose control
- Because of a qualifying trigger
- A person of their sex and age with a normal degree of tolerance, might have reacted in the same way
- the defendant must lose control
s54(1)(b) it does not matter if the loss of control was sudden it just has to be lost. the jury will have to be certain of a total loss of control as a partial is not significant
R v Jewell case facts
the D killed the V as a result of intimidation from the v
also claimed he was unable to sleep in the preceeding days
- Because of a qualifying trigger
s55 CJA
- the fear trigger- s55(3)
-the ‘things said and done’ trigger s55(4)
R v Ward case facts
the defence claimed loss of control
the v attacked D’s brother there was a fear trigger
R v Bowyer case facts
the V revealed the D’s girlfriend was a prostitue when the D have broken in to his house. D killed v out of loss of control. could not use defnece as he was commiting a crime at the time of the offence
- a person of their sex and age, with a normal degree of tolerance might have reacted in the same way
s.54(1)(c) requires it to be expected someone of those qualities would have acted the same way
R v Camplin case facts
a person of the same age with a normal degree of tolerance would have acted in the same way so not liable
Zebedee case facts
the D’s conviction was upheld as it was seen a person of his sex, age with a normal tolerance would not have acted in the same way
