Voluntary Manslaughter Flashcards
What is Loss of Control in relation to murder?
A special and partial defense where D can show a lack of Mens Rea due to loss of control.
What happens if the defense of Loss of Control is successful?
D will be found guilty of manslaughter instead of murder.
What law replaces the former defense of provocation?
Loss of Control as set out in s.54 Coroners and Justice Act 2009.
What does s.54 of the Coroners and Justice Act 2009 state?
It states conditions under which D is not to be convicted of murder based on loss of self-control.
What are the three elements D must prove for Loss of Control defense?
- D lost self-control. 2. A qualifying trigger is present. 3. A person of D’s age and sex would react similarly.
What is a qualifying trigger in Loss of Control?
Circumstances that lead to D’s loss of control, such as fear of violence or serious wrong.
What does the term ‘sudden’ refer to in the context of Loss of Control?
D’s reaction does not need to be sudden; this differs from the old provocation law.
What is excluded as a qualifying trigger in Loss of Control?
Sexual infidelity is never a qualifying trigger according to s.54(3).
What is meant by ‘standard of self-control’ in the Loss of Control defense?
D must show how a person of D’s age and sex with normal tolerance would react in similar circumstances.
What is Diminished Responsibility?
A special and partial defense to murder that accounts for the mental state of the defendant.
What must D prove for Diminished Responsibility according to s.2(1) Homicide Act?
D must prove an abnormality of mental functioning caused by a recognized medical condition.
What is meant by ‘abnormality of mental functioning’?
A state of mind so different from that of ordinary human beings that it is considered abnormal.
What is the burden of proof in Diminished Responsibility?
The burden is on the defendant to prove their case on the balance of probabilities.
What happens if D shows an abnormality of mental functioning?
It must substantially impair D’s ability to understand their conduct, form a rational judgment, or exercise self-control.
What is required for the abnormality of mental functioning to provide an explanation for D’s acts?
There must be a causal connection between D’s mental state and the act of killing.
What are some recognized medical conditions that can lead to Diminished Responsibility?
Conditions like severe depression, paranoia, or Battered Woman Syndrome.
How is ‘substantial impairment’ defined in Diminished Responsibility cases?
Substantial impairment means more than trivial, but not total impairment; it is determined by the jury.
What is the effect of a successful Diminished Responsibility defense?
D may be convicted of a lesser offense than murder, such as manslaughter.
What does the Homicide Act 1957 state about mental illnesses?
Before 1957, individuals with mental problems could only rely on the defense of insanity.
Why was the law on Diminished Responsibility amended in 2009?
To allow for wider recognition of various mental illnesses and improve the legal framework.
