Voluntary Manslaughter Flashcards
Voluntary Manslaughter
the verdict when the defendant has a partial defence to murder, where the killing was carried out when the defendant was suffering from diminishing responsibility or loss of control.
R v Jewell 2014
D shot and killed V at point plank and fled, when arrested his car contained weapons, ammunition and a ‘survival kit’ D told the jury he couldn’t control his cations or think straight.
there needs to be sufficient evidence of D having lost there self control for it to be considered by a jury.
R v Dawes 2013
D found his wife with another man, who D stabbed and killed. D cannot rely on fear of violence where they have induced that violence. where D has the normal capacity of self restraint and tolerance then, unless the circumstances were extremely grave, any normal irritation or even serious anger will not come within loss of control.
R v Clinton 2012
D’s wife left him, he was suffering with depression and on medication, she taunted him with details of sexual exploits, and said he lacked the courage to kill himself, he killed her. where sexual infidelity is not the only trigger there’s not a total exclusion of this reason and the defence can be considered. the other taunts could be considered as a trigger.
R v Byrne 1960
D was a sexual psychopath he strangled a women and mutilated her. the medical evidence was that due to his condition he was unable to control is desires. convicted of voluntary manslaughter due to abnormality of mental functioning.
R v Dietschmann 2003
D upset as V disrespected the memory of his aunt he killed V by repeatedly kicking him and stabbing him. psychiatrist said he was suffering from an adjustment disorder in form of depression from grief. he had also drank large amounts of alcohol. if the jury decided that D wouldn’t have killed without taking the alcohol it was unlikely it would find that the abnormality of its own was sufficient to impair there responsibility.
R v Wood 2008
D was an alcoholic and was drunk when he went to V’s flat and killed him, medical experts agreed he was suffering with ADS but disagreed as to whether it had damaged his brain. where D is an addict jury has to consider effect of alcohol consumed due to addiction as its seen as involuntary drinking. if consumptions not due to addiction its voluntary.
Loss of control
a partial defence to a charge of murder which reduces the offence to voluntary manslaughter. set out in s 54(1) of the Coroners and Justice Act 2009.
3 parts of loss of control
- the defendant must have lost self control.
- there must be a qualifying trigger
- a person of the same sex and age would have reacted in the same way as the defendant in the same circumstances.
Qualifying Triggers
- the defendants fear of serious violence from the victim against the defendant or another identified person(s) or
- a thing or things done or said which
a- constituted circumstances of an extremely grave character and
b- caused the defendant to have a justifiable sense of being seriously wronged.
