Voluntary manslaughter

Question 1

What ways can a person be guilty of voluntary manslaughter

Answer 1

Loss of control and diminished responsibility

Question 2

Where does loss of control get defined

Answer 2

coroner justice act section 54 and 55

Question 3

What does section 54 for loss say

Answer 3

D suffers a loss of control
D must have a qualifying trigger 
D must have normal restraint
It doesnt need to be sudden
D must have general capacity
It cant be done in revenge 
burden of proof lies with prosecution

Question 4

What does section 55 for loss say

Answer 4

A qualifying trigger can be threat of violence, something said or done
an extremely grave character
D must have a justifiable sense of being wronged

Question 5

Describe the flow map used for loss of control

Answer 5

Does D kill with malice aforethought
Did D suffer a loss of control
Qualifying trigger
Might a person of D’s sex and age with a normal level of restraint have done the same as D

Question 6

What case deals with malice aforethought

Answer 6

Jewell

Question 7

What cases deal with suffering a loss of control

Answer 7

Jewell
Workman
Barnsdale and Queen

Question 8

What cases deal with the qualifying trigger

Answer 8

Clinton,parker,evans

Dawes

Question 9

What case deals with normal restraint for loss

Answer 9

Asmelash

Question 10

Which two cases was granted loss

Answer 10

Ward

Lodge

Question 11

What happens in Clinton,Parker,Evans

Answer 11

They killed their wives

Sexual infedelity is not enough for loss

Question 12

What happens in Jewell

Answer 12

D shoots V with a shotgun after pulling up at their house

It was a planned execution

Question 13

What happens in Barnsdale and Queen

Answer 13

D strangled wife and claimed self-strangulation

Had no evidence to support this

Question 14

What happens in Workman

Answer 14

D murdered ex-wife

Had no evidence to support claim

Question 15

What happens in Dawes

Answer 15

D stabbed V when found sleeping with D’s wife

sexual infidelity can be a cumulative factor but not the main factor

Question 16

What happens in Ward

Answer 16

D killed V who attacked D’s brother

As a result of serious violence

Question 17

What happens in Lodge

Answer 17

D attacked V after V attacked D with a baseball bat

Due to serious violence

Question 18

What happens in Asmelash

Answer 18

D and V were drunk. D stabbed V

Judged on a sober and reasonable person, intoxication ignored

Question 19

Explain Diminished responsibility

Answer 19

Does D kill with malice aforethought
Did D suffer an abnormailty of the brain
Does the abnormality affect D’s ability to understand the nature of their act, form a rational judgement, exercise self controlled
Does the abnormality provide an explanation to his/her conduct

Question 20

What happens in Byrne

Answer 20

D murdered and mutilated girl at YMCA

an abnormailty of the mind is an abnormality of mental functioning

Question 21

What happens in R v Golds

Answer 21

D killed V

You must have sufficient evidence for substantial impairement

Question 22

What happens in R v Dowds

Answer 22

D killed V while intoxicated with 60 knife stabs

D must be alcohol dependent for alcohol to count

Question 23

What happens in R v Dietschmann

Answer 23

D killed V while intoxicated and suffering

Must be alcohol dependant

Question 24

What happens in R v Wood

Answer 24

D killed V with a meat cleaver

ADS is an abnormailty of mental functioning