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

S54 (1) Coroners and Justice Act 2009

Answer 2

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

Question 3

S54 (1) (a)

Answer 3

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

Question 4

Jewell

Answer 4

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

Question 5

S54 (2)

Answer 5

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 6

Dawes

Answer 6

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

Question 7

S54 (4)

Answer 7

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

Question 8

S54 (1) (b)

Answer 8

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

Question 9

S55 (3)

Answer 9

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 10

Clinton (1)

Answer 10

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

Question 11

Ellis

Answer 11

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 12

S55 (4)

Answer 12

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 13

Evans

Answer 13

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

Question 14

Zebedee

Answer 14

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

Question 15

Hatter

Answer 15

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 16

S55 (5)

Answer 16

Combination of fear and anger triggers.

Question 17

Bowyer

Answer 17

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 18

S55 (6) (c)

Answer 18

Sexual infidelity exclusion.

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

Question 19

Clinton (2)

Answer 19

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 20

S55 (6) (a) and (b)

Answer 20

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 21

S54 (1) (c)

Answer 21

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 22

D’s Age

Answer 22

Normally, younger people tend to loose self control quicker.

Question 23

D’s Sex

Answer 23

Generally, men are more short tempered than women.

Question 24

S54 (3)

Answer 24

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 25

Old case of Mohammed

Answer 25

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 26

Asmelash

Answer 26

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

Question 27

Diminished responsibility

Answer 27

A partial defence to murder.

Question 28

S2 Homicide Act 1957

Answer 28

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 29

Burden and standard of proof

Answer 29

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

Question 30

Abnormality of mental functioning.

Answer 30

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

Question 31

Byrne

Answer 31

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

Question 32

Recognised medical condition

Answer 32

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 33

Martin

Ahluwalia

Seers

Boots

Brown

Edgington

Answer 33

Paranoia + Personality disorder

Battered wife syndrome

Depression

Post natal depression

Extreme stress + Adjustment disorder

Schizophrenia

Question 34

Di Duca

Answer 34

Immediate effects of intoxication are not a RMC.

Question 35

Wood

Answer 35

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 36

Tandy

Answer 36

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

Question 37

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

Answer 37

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

Question 38

Golds

Answer 38

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 39

Three things

Answer 39

Understand the nature of his conduct e.g. Schizophrenia

Form a rational judgement e.g. Paranoia

Exercise self control e.g. Sexual psychopathy

Question 40

Abnormality must provide an explanation to D’s conduct

S2 (1) (b) Homicide Act 1957

Answer 40

‘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 41

Dietschmann

Answer 41

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