Voluntary Manslaughter

Question 1

Loss of control

Answer 1

A partial defence to murder.

A statutory defence which can be found under the Coroners and Justice Act 2009.

Question 2

R v Gurpinar

Answer 2

“It should rarely be necessary to look at cases decided under the old law of provocation… the loss of control defence… is fully encompassed within the statutory provisions”

Question 3

S54 (1) Coroners and Justice Act 2009

Answer 3

When a person kills or is a party to a killing, D will not be convicted of murder if…

Question 4

S54 (1) (a)

Answer 4

D’s act or omission in doing/ being a party to the killing resulted from D’s loss of self control

Question 5

Jewell

Answer 5

‘Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning’

Question 6

S54 (2)

Answer 6

D’s loss of self control need not be sudden. However, the sooner it is after the qualifying trigger, the easier it is to prove.

Question 7

Dawes

Answer 7

“A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately”

Question 8

S54 (4)

Answer 8

D cannot use the defence if he acted out of a considered desire for revenge.

Question 9

S54 (1) (b)

Answer 9

D’s loss of self control must come from a qualifying trigger.

Question 10

S55 (3)

Answer 10

Fear trigger.

D’s loss of self control must come from D’s fear of serious violence from V against D or another identified person.

Question 11

Clinton (1)

Answer 11

It isn’t enough for D to fear violence. He must fear serious violence.

Question 12

Ellis

Answer 12

Qualifying trigger is judged subjectively. So If D genuinely fears serious violence from V but D’s fear is unreasonable, D can still use the defence.

Question 13

S55 (4)

Answer 13

Anger trigger.

D’s loss of self control must come from:

1. Things said or done
2. Of an extremely grave nature
3. Gives D a justifiable sense of being seriously wronged

Question 14

Evans

Answer 14

Did not give D a justifiable sense of being wronged because she simply refused a cup of tea after an argument.

Question 15

Zebedee

Answer 15

Did not give D a justifiable sense of being seriously wronged because a 94 year old man soiling himself isn’t extremely grave.

Question 16

Hatter

Answer 16

The break up of a relationship will not normally constituted circumstances of an extremely grave character and entitle the aggrieved party to feel a justifiable sense of being seriously wronged.

Question 17

S55 (5)

Answer 17

Combination of fear and anger triggers.

Question 18

Bowyer

Answer 18

D knew V as they were both in a relationship with a Prostitute. D decided to burgle V. When V returned home D beat V to death. D raised the defence of loss of control claiming:

I) he was in fear of serious violence from V
II) V made hurtful comments about the girlfriend which constituted things said which were of an extremely grave nature and gave D a justifiable sense of being wronged.

Court rejected both of D’s arguments.

Question 19

S55 (6) (c)

Answer 19

Sexual infidelity exclusion.

The fact that the thing said or done constituted sexual infidelity must be disregarded.

Question 20

Clinton (2)

Answer 20

If only sexual infidelity is relied upon for qualifying trigger, it must be disregarded. However, it would b unrealistic to exclude it where it is integral to the facts of the case.

Question 21

S55 (6) (a) and (b)

Answer 21

Incitement exclusion.

D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence.

Question 22

S54 (1) (c)

Answer 22

A person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D might have reacted in the same or in a similar way to D.

Question 23

AG for Jersey v Holley

Answer 23

Objective test with subjective elements based on the test developed by the privy council in the case above.

Question 24

D’s Age

Answer 24

Normally, younger people tend to loose self control quicker.

Question 25

D’s Sex

Answer 25

Generally, men are more short tempered than women.

Question 26

S54 (3)

Answer 26

D’s circumstances.

Refers to all of D’s circumstances other than those whose relevance to D’s conduct is that they bear on D’s general capacity for tolerance or self restraint.

Question 27

Old case of Mohammed

Answer 27

D’s beliefs are relevant to the circumstances as they would increase anger trigger. D’s short temper is not as it only lowers his tolerance.

Question 28

Old case of Gregson

Answer 28

D’s unemployment, epilepsy and depression could be relevant circumstances as they increased the anger trigger.

Question 29

Asmelash

Answer 29

D’s Drunkenness only reduced his capacity for tolerance and self restraint.

Question 30

Diminished responsibility

Answer 30

A partial defence to murder.

Question 31

S2 Homicide Act 1957

Answer 31

A person who kills/ is party to a killing is not to be convicted of murder if…

“D was suffering from an abnormality of mental functioning arising from a recognised medical condition as to substantially impair D’s ability to understand the nature of his conduct, or form a rational judgement, or exercise self control, and provides an explanation for D’s acts/ omissions in doing/ being party to the killing”

Question 32

Burden and standard of proof

Answer 32

D has the burden of proving this defence on a balance of probabilities.

Question 33

Abnormality of mental functioning.

Answer 33

D must be suffering from such an abnormality at the the time the killing took place.

Question 34

Byrne

Answer 34

“A state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal”

Question 35

Recognised medical condition

Answer 35

Which can be either:

I) Physical: Diabetes, Brain Damage.

II) Mental: Schizophrenia, personality disorder

III) Both: Epilepsy, Battered wife syndrome

D needs expert evidence from two medically qualified doctors.

Question 36

Martin

Ahluwalia

Seers

Boots

Brown

Edgington

Answer 36

Paranoia + Personality disorder

Battered wife syndrome

Depression

Post natal depression

Extreme stress + Adjustment disorder

Schizophrenia

Question 37

Di Duca

Answer 37

Immediate effects of intoxication are not a RMC.

Question 38

Wood

Answer 38

Alcohol dependency syndrome is a RMC. As is drug dependency syndrome.

Characteristics of ADS:

• Desire to drink
• Difficulty controlling when and how to drink
• Drinking to avoid withdrawal symptoms
• increase intolerance in alcohol
• neglecting other activities/ interests

Question 39

Tandy

Answer 39

If persistent alcohol and drug abuse lead to brain damage, this a RMC.

Question 40

The abnormality must substantially impact D’s ability to do one of three things.

Answer 40

D’s ability to do 1/3 things must be substantially impaired.

Question 41

Golds

Answer 41

Trial judge does not have to explain the meaning of substantially as the meaning is obvious. If, however, judge does decided to give the jury an explanation, it should be that the RMC made a real difference to D’s conduct.

Question 42

Three things

Answer 42

Understand the nature of his conduct e.g. Schizophrenia

Form a rational judgement e.g. Paranoia

Exercise self control e.g. Sexual psychopathy

Question 43

Abnormality must provide an explanation to D’s conduct

S2 (1) (b) Homicide Act 1957

Answer 43

‘The abnormality of mental functioning provides an explanation for D’s conduct if it causes, or is a significant contributory factor in causing D to carry out the conduct’

I.e. Cause D to kill or is a Significant contributor factor to the killing.

Question 44

Dietschmann

Answer 44

The AMF need not be the sole cause of the killing but must be a significant contributory factor.