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voluntary manslaughter Flashcards

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1
Q

what are the 3 special defences to a murder charge

A

where D kills v due to malice aforethought but the killing occurs due to:

  • loss of control
  • diminished responsibility
  • suicide pact
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2
Q

why are the defences special

A

they only apply to a murder charge

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3
Q

why are the defences partial

A

if successful the conviction is for voluntary manslaughter not murder- merely reduce liability

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4
Q

what sentence does voluntary manslaughter carry

A

a discretionary life sentence

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5
Q

what did loss of control replace

A

the previous defence of provocation

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6
Q

where is the law set out for loss of control

A

s54 coroners and justice act 2009

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7
Q

what 3 things are required for loss of control

A
  • d must have lost self control and this must’ve caused the killing
  • loss of self control had a qualifying trigger
  • person of ds sex and age, with a normal degree of tolerance and self restraint and in circumstances of d might have reacted in a similar way
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8
Q

who is the burden on when d raises the defence

A

prosecution to disprove beyond reasonable doubt

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9
Q

what must there be? and not just

A

must be a loss of control, not just self restraint- cocker

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10
Q

cocker

A
  • CA upheld conviction for murder because partial defence of provocation failed
  • hadn’t lost self control only self restraint
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11
Q

when can the loss of self control occur

A

it doesn’t have to immediately follow the qualifying trigger- can be a delay between the qualifying trigger and the killing

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12
Q

when is the defence not available

A

if d acted in a considered desire for revenge- s54

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13
Q

which sections sets out that ds loss of control must have a qualifying trigger

A

55

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14
Q

what can qualifying triggers be

A
  • ds fear of seriously violence from d against v or another identified person
  • things done and/or said which were extremely grave and caused d to have a justifiable sense of being seriously wronged
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15
Q

ds fear of serious violence case

A

ward

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16
Q

ward

A

d did not fear serious violence personally but this qualifying trigger nevertheless applied because he feared that v would use serious violence on his brother

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17
Q

‘extremely grave’ case

A

zebedee

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18
Q

zebedee

A

CA upheld murder conviction. although there were things done, they were not extremely grave nor did they give d a justifiable sense of being seriously wronged

19
Q

what are certain triggers excluded by

A

coroners and justice act

20
Q

what certain triggers are excluded

A
  • things done or said which amount to sexual infidelity
  • situations where d has encouraged either the dear of violence/ thing done or said, in order to have excuse to use violence
21
Q

when can sexual infidelity kind of be a qualifying trigger

A

can be used to explain the context of other potential qualifying triggers- clinton

22
Q

clinton

A
  • convicted of murder, appealed on basis that defence of loss of control should have been left to jury
  • CA agreed as sexual infidelity should have been used to explain context of other things done/said
  • conviction quashed and a retrial ordered
23
Q

d encouraging violence or thing done or said case

A

dawes

24
Q

circumstances that may be taken into account in deciding whether a person of normal self restraint might have reacted in a similar way

A
  • unemployment
  • effects of sexual infidelity- Clinton
  • history of being sexually abused
  • severe problem with alcohol (D) and was mercifully taunted about condition
25
Q

which circumstances are to be disregarded when deciding whether a qualifying trigger is valid

A

circumstances which only relate to ds general capacity to exercise tolerance and self restraint- s54
things that made d lose control more easily are ignored- asmelash

26
Q

4 examples of circumstances that can be taken into account in deciding whether a person of normal self restraint might have reacted in a similar way

A
  • unemployment
  • effects of sexual infidelity
  • history of being sexually abused
  • alcohol/drug problem and being teased about it
27
Q

what was diminished responsibility introduced by

A

the homicide act 1957

28
Q

in which section is the law on diminished responsibility set out in

A

s2(1)HOMICIDE ACT 1957

29
Q

under which act was the law on diminished responsibility amended

A

coroners and justice act 2009

30
Q

what kind of defence is diminished responsibility

A

special and partial

31
Q

who is the burden of proof on for dim res

A

d to prove on balance of probabilities

32
Q

what must d have suffered from for diminished responsibility

A

an abnormality of mental functioning- BYRNE

33
Q

what must ds abnormality of mental functioning by caused by dim res

A

a recognised medical condition

34
Q

BYRNE

A

court said abnormality of mind was a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal

35
Q

which conditions does ‘recognised medical condition’ for diminished responsibility cover

A
  • psychological conditions

- physical conditions which affect mental functioning (eg epilepsy, diabetes)

36
Q

what must be given at trial to prove ds recognised medical condition for diminished responsibility

A

medical evidence

37
Q

what must ds abnormality of mental functioning have substantially impaired ds ability to do dim res

A
  • understand nature of conduct or
  • form a rational judgement or
  • exercise self control
38
Q

LLOYD

A

impairment need not be total but must be more than trivial- dim res

39
Q

what must d finally prove for dim res

A

his abnormality of mental functioning provides an explanation for his conduct in doing or being a party to the killing

40
Q

what does in mean that there must be a causal connection between ds abnormality of mental functioning and the killing under CAJA for dim res

A

abnormality of mental functioning need not be the only factor which caused d to do/be involved in the killing- must be a significant factor

41
Q

which is not capable alone of establishing the defence of diminished responsibility

A

voluntary intoxication- DOWDS

42
Q

DOWDS

A

-CA upheld conviction for murder on basis that voluntary acute intoxication is not capable of establishing diminished responsibility

43
Q

DEITSCHMANN

A
  • H/L quashed murder conviction and substituted conviction for voluntary manslaughter
  • abnormality didn’t have to be only cause of killing but d had to show despite drink he had sufficient abnormality of mind to impair his respon. for killing

Law (39 decks)

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