Voluntary Manslaughter Flashcards
What is voluntary manslaughter?
The mens rea and actus reus for murder exists, but because of the circumstances allows a partial defence - avoids mandatory life sentence
What are the 2 defences under voluntary manslaughter?
Loss of control and diminished responsibility
Where were the 2 defences created originally?
Homicide Act 1957 (no longer refer to this)
These were provocation and diminished responsibility
Why was the partial defence of provocation replaced?
Following the recommendations from the law commission in their report Murder, Manslaughter and Infanticide 2006 - now replaced by Loss of Control under the Coroners and Justice Act 2009
What did the act provide?
Explanatory notes designed to help in interpreting and applying the legislation
Under S 54(1) CJA 2009 a D if not convicted of murder if… (LOC)
1 - killing resulted in his/her loss of self control
2 - Loss of self control has a qualifying trigger
3 - persons of D’s sex, age, with a normal degree of tolerance and self restraint in the circumstances could have reacted in a similar/same way OBJECTIVE TEST
What is the 1st stage in proving the defence of LOC?
S 54 (2) loss of control need not be sudden (Duffy case - old law - sudden and temporary) S 54(4) excludes a D who acted in revenge - time and planning makes it difficult to convict using defence
What is the 2nd stage in proving the defence of LOC?
S 55 explains meaning of qualifying triggers;
- A fear of serious violence from victim against the D or another identified person GENUINE FEAR (WARD 2012 WHO KILLED V AFTER V ATTACKED BROTHER) - JUDGED SUBJECTIVELY
- Things said or done of an extremely grave character that caused D to have a justifiable sense of being seriously wronged
OR COMBO OF BOTH
What case gave the first interpretation of the meaning ‘loss of control’ where there was a fear of serious violence?
R v Dawes 2013 - V asleep on sofa with D’s wife (clothed), D stabbed V in neck - no serious violence???? Argued self-defence this did not work either
In R v Dawes 2013 what did the COA say did not cross over into threshold of LOC?
Normal irritation or even serious anger
What is the act unclear of in LOC?
Whether it is purely an objective test or whether the D will be judged against someone of the same age, sex etc
What does S 55 (a) (b) exclude a trigger of in LOC?
Excludes a trigger if it was self-induced by D in the first place
What does S 55 (c) exclude a trigger of in LOC?
Sexual infidelity - in R v Clinton 2012 (killed wife after evidence of infidelity on FB) the COA said although it is excluded as a trigger, it may be relevant to circumstances so jury should not totally ignore it
What is the 3rd stage in proving the defence of LOC?
The standard of control - comparing D to the ordinary person OBJECTIVE TEST
What ‘circumstances’ are relevant in proving the 3rd stage of LOC?
All except any that impact on D’s general capacity for tolerance and self-restraint (history of abuse could be taken into account in deciding whether the ordinary person would have reacted in the same/similar way)
What did the COA hold in R v Asmelash 2013 in regards to LOC?
Defence has to be approached without reference to the D’s voluntary intoxication - drunkness is irrelevant