Voluntary Manslaughter

Question 1

Part three of defence for diminished responsibility

Which substantially impaired Ds ability…

Answer 1

This represents a narrowing of the law

Case law : Golds 2014

Simcox 1964

Question 2

Loss of control

The two triggers are…

Answer 2

Fear of serious violence from v against d or another identified person (s55(3))

A justifiable sense of being seriously wronged which constituted circs of an extremely grave character (s55(4))
- things said or done
Case law Clinton, Parker and Evans 2012

Question 3

Loss of control

Burden of proof?

Standard of proof?

Answer 3

Burden
It is for P to disprove if D raises it

Standard of Proof:
P must disprove the evidence of loss of control beyond reasonable doubt.

Question 4

Diminished responsibility
S52 CorJA 2009.

D not to be convicted of murder if…

( reduce to vol manslaughter)

Answer 4

1. Suffering from an abnormality of mental functioning which…( Byrne 1960)
2. Arose from a medical condition and …(haddon 2003)

3 which substantially impaired Ds ability to understand his conduct, form a rational judgement, or to exercise self control AND (golds 2014 and simcox 1964)- represents a NARROWING of the law!!!!

4. All of the above provides an explanation for Ds acts or omissions

Question 5

What are the three partial defences to murder?

Answer 5

Loss of control (s54(1) CorJA )

Diminished responsibility (s52 CorJA)

Suicide pact

Question 6

Loss of control

D not to be convicted of murder if:

Answer 6

1. Acts or omissions resulted from a loss of self-control
2. The loss of control had a qualifying trigger
3. AND A person of Ds sex and age with a normal degree of self restraint and tolerance and in the circumstances of D might have reacted in the same way. Camplin 1978
   Attorney general of Jersey v Holley 2006

Question 7

Diminished responsibility

Burden of proof?

Standard of proof?

Answer 7

Burden of proof lies with D

Standard of proof is on balance of probability

Question 8

Part 1 of defence for diminished responsibility

Abnormality of mental functioning..

Answer 8

Use Byrne definition 1960
“ A state of mind so different from ordinary human beings that the reasonable man would term it abnormal”

Case law : Haddon 2003

Question 9

Voluntary manslaughter

Answer 9

AR and MR of murder but able to rely on a partial defence

Unites the hands of the judge