Voluntary Manslaughter Flashcards
Recap of Murder
AR:
- unlawfully causing death (
- of person in being (
- under the King’s peace
MR:
- with intention to kill or
- cause greivous bodily harm (Cunningham)
Manslaughter
Voluntary manslaughter
- partial defence to murder
- requires: AR and MR for murder
- culpability is reduced by partial defence of LoC or diminished responsiblity.
- charge as murder, D offered plea of guilty to manslaughter on grounds of LoC or DR.
- if accepted then no trial and judge has discretion
- if rejected then trial for murder and jury decides partial defences.
involuntary manslaughter:
- separate offence
Loss of Control
Requirements:
- D kills with intent for murder
- culability lowered bc exception antagonism and overwhlemed by violent emotion that was likely to have affected others in similar position in same way.
S 54 Coroners and Justice Act 2009:
S54(1)
- where D kills or is party to killing, D is not to be convicted if:
A) D’s acts and ommissions resulted from D’s loss of self-control
B) loss of self-control had qualifying trigger, AND
C) person of D’s sex and age with normal degree of tolerance and in circumstances of D might have acted in same or similar way
S54(2)
- does not matter whether LoC was sudden.
def, statute, scope.
LoC
S 54(1)(a) Coroners and Justice Act 2009
- def of LoC: ‘loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning (Jewell)
- must be more than panic or fear (Martin)
- normal irritation and serious anger do not often suffice (Dawes)
- frenzied attack does not nessesarily = LoC (Dawson)
- S54(4) excludes revenge killing for LoC. - planning undermines claim of LoC (Jewell)
statute, test, scope
Qualifying Trigger:
must be:
fear of serious violence from V against D or another person and/or
- TEST: s 55(3) - subjective test: need only be genuine fear - not actual violence.
S55(4) Coroners and Justice Act 2009
sense of being** seriously wronged** by things said or done.
- must constituted extremely grave character and **
- cause D to have justifiable sense** of being seriously wronged.
Hatter
- breakups will not suffice as extremely grave character.
(Meanza)
- no justifiable grievance against restriction orders lawfully imposed
Objective test for LoC
S54(1)(c)
- person of D’s sex and age… might have reacted in same or similar way
S54(3)
- excludes ‘tolerance’ (ie LoC resulting from rascism or bigots)
Normative test for LoC
- voluntary intoxication: D should be considered sober (Asmelash)
Non Qualifying Trigger
What does not suffice:
S55(6) Coroners and Justice Act 2009
- disregard fear of violence/sense of being wronged if:
- incited by D to have excuse to act.
- sexual infidelity (however Clinton considers circumstances when something is said when infidelity is discovered.
Diminished Responsiblity
requires AR and MR for Murder:
- partial defence only to murder (not attempt)
S 52 Coroners and Justice Act 2009:
S52(1)
- D who kills or is party to killing is not to be convicted of murder if D was suffering from abnormality of mental functioning which-
- A) arose from recognised medical condition (in law Dowds )
- B) substantially impaired (less than total and more than trivial Squeltch) D’s ability to do one or more of things in ss 1A, AND
- C) provides explanation for D’s acts and omissions. (must be causal link, cause or be significant contribution - difficult to establish this).
S52(1A):
- a) to understand nature of D’s conduct,
- b) to form rational judgment,
- c) to exercise** self-control**
S52(1B)
- for purposes of S52(1)(c) - abnormality of mental functioning provides explanation if causes or is significant contributory factor in causing D to carry out conduct.
Intoxication and DR
- voluntary is no defence for Diminished responsibility
- where D is intoxicated AND has seperate recognised condition jury should ask: whether recognised condition caused killing and try to exclude intoxication (Joyce and Kay
- brain damaged from alcohol abuse = abnormality (suffices)
statute, def, effect.
Suicide Pact
S 4 Homicide Act 1957:
- reduces murder to manslaughter where survivor of joint suicide pact took part in killing of another person in pact or was party to that other person being killed by 3rd person.
