VOLUNTARY MANSLAUGHTER Flashcards
What act did the defences for murder originate under? (1)
the homicide act 1957
what act redefined the defences for murder? (1)
the coroners and justice act 2009
what are the partial defences for murder? (2)
-loss of control
-diminished responsibility
what happens if there is a successful partial defence for murder? (1)
the offence of murder is reduced to voluntary manslaughter
define voluntary manslaughter. (1)
the verdict where the defendant has the partial defence to murder, where the killing was carried out when the defendant was suffering from diminished responsibility or loss of control
in act act is loss of control defined under? (1)
section 54 of the coroner’s and justice act 2009
what must be proven for the partial defence of loss of control to be successful? (3)
-the defendant must have lost self control
-there must be a qualifying trigger
-a person of the same sex and age would have reacted in the same if not similar way as the defendant in the same circumstances.
what is the first thing that must be proved in terms of proving the partial defence for loss of self control? (1)
the defendant had lost self-control when doing the act which caused the death., jury must believe that it was a total loss of control partial loss of control will not be sufficient.
in what case did the courts adopt a definition for the term loss of control? (1)
R v Jewell (2014) - ‘has D lost his ability to maintain his actions in accordance with considered judgement or … (has he) … lost normal powers or reasoning’
what could a total loss of self control mean or signify? (3)
-defendant lost his or her ability to maintain his or her action in accordance with considered judgement
-defendant lost his or her normal powers of reasoning
-defendants behaviour was atypical, or out of character, and normally he or she would nor have acted in this way
what case shows the extend to which the defendant must have ‘lost it’ or ‘snapped’? (1)
R v Jewell (2014)
in what act does the law say loss of control does not have to be sudden? (1)
under s54 (2) of the coroners and justice act 2009
in what report did the law commission criticize the law on loss of control? (1)
the law commission in its report ‘murder, manslaughter and infanticide’ -2006
how did the law commission criticise the law on self control in here report? (1)
proposed removing the loss of self control criteria completely because it recognised that women in abusive relationships may kill out of a combination of emotions.
