Voluntary Manslaughter Flashcards
What is voluntary MS?
AR + MR for murder exist
But = mitigating circumstances which allow a partial defence
Avoids mandatory life sentence
Can a D be charged with MS?
No
Charged with murder, plead defence at trial
What are the 2 partial defences under VMS?
- Loss co control
2. Diminished responsibility
Where the 2 defences originally created?
Homicide Act 1957 (no longer refer to this)
There was:
- Provocation (being provoked led to death)
- Diminished responsibility (relating to D’s mental health)
Why was the partial defence of provocation replaced?
Recommendations for reform by the Law Commission in their report ‘Murder, MS and Infanticide 2006
Replaced with partial defence of Loss of Control
Under Coroners and Justice Act 2009
Where can the amended partial defences be found now?
What does the Act provide?
Under the Coroners and Justice Act 2009
Provides explanatory notes designed to help in interpreting + applying the leg
Under s54 (1) CJA 2009 a D is not convicted of murder if…
3 - LOC
- D’s acts/omissions resulted from LOC
- LOC had qualifying trigger
- Person of D’s sex, age, normal degree of tolerance + self-restraint in the same circumstances, might have reacted a similar/same way
OBJECTIVE TEST, subj. elements (manipulate reasonable man)
ALL 3 PRAS MUST BE PROVEN
What is the 1st stage in proving the defence of LOC?
s54(2) - LOC need not to be sudden
(Duffy, old law, ‘sudden + temporary’)
Harder to prove over time
s54(4) - excluded a D who has acted in revenge
What does the judge and the jury decide in relation to LOC?
Judge decides if there = sufficient evidence to leave the defence to the jury
Jury decide if the killing has resulted form a LOC
What is the 2nd stage in proving the defence of LOC?
LOC had a qualifying trigger (s55)
- fear of serious violence from V against D/ other ID person
- things said/done of extremely grave character, caused D to have justifiable sense of being seriously wronged
- COMBO OF BOTH
What section of the CJA 2009 explains the meaning of a qualifying trigger?
s55:
- fear of serious harm form V against D/another ID person
- things said/done of an extremely grave character that caused D to have a justifiable sense of being seriously wronged
- Combo of both
What does s55 (3) state?
(1st qualifying trigger)
LOC
D lost control; genuine fear of serious violence from V against D/ another ID person
Fear doesn’t have to be reasonable
Judged SUBJECTIVELY
Ward (2012), D killed V after V attacked brother
Can’t be fear of future violence
What does s55 (4) state?
(2nd qualifying trigger)
LOC
LOC due to things said/done/both
Of extremely grave character
Causing D experience justifiable sense of feeling seriously wronged
What case gave the 1st interpretation of the meaning ‘LOC’ where there was a fear of serious violence?
Describe the case
R v Dawes (2013)
D found wife asleep with V on sofa (fully dresses)
D fatally stabbed V in neck
Was there a fear of violence form the V??
Held: no, V actually felt fear
Judged OBJECTIVELY BY JURY
Cts also rejected plea os self-defence
What did the CA say in the R v Dawes (2013) didn’t cross over into the threshold of LOC?
Normal irritation or even serious anger
What is the CJA 2009 unclear of in relation to LOC?
If the test = purely objective
OR whether the D will be judged against a person sharing characteristics of the D (subjective)
When does s55 (6) (a) (b) exclude a trigger of LOC?
If it was self-induced by the D in the first place
What does s55 (6) (c) exclude as a trigger of LOC?
What case illustrates this?
Sexual infidelity
R v Clinton (2012)
R v Clinton (2012)
(FB) - LOC
D killed wife after discovering affair on FB
Trial judge refused to let jury consider LOC due to exclusion of sexual infidelity
CA ordered retrial (judge’s misdirection)
At retail D pleaded G
CA: although = excluded as trigger, may still be relevant to the circumstances in which the D lost control
What was held but he CA in R v Clinton (2012)?
Although sexual infidelity is excluded as a qualifying trigger
May still be relevant to the circumstances the D lost control