Voluntary Manslaughter (AO1)

Question 1

What are the two potential defences under voluntary manslaughter?

Answer 1

-Diminished Responsibility
-Loss of Control

Question 2

What must you check before writing AO1 for voluntary manslaughter?

Answer 2

Is there both defences involved or just one, only write ao1 for which ever is involved

Question 3

What is the AO1 split into?

Answer 3

-Intro
-Diminished Responsibility (if relevant)
-Loss of Control (If relevant)

Question 4

What do you write for intro?

Answer 4

-State that diminished responsibility and loss of control are two partial defences to murder that reduce a murder conviction to voluntary manslaughter
-Successfuly pleading either defence results in more discretion for the Judge when sentencing D for V’s death

Question 5

What is diminished responsibility AO1 split into?

Answer 5

-Definition DR
-Abnormality mental functioning
-Recognised medical condition
-Substantial impairment
-Link
-Intoxication/alcohol

Question 6

What do you write for the definition of DR?

Answer 6

-Defined in S2(1) of the Homicide Act 1957, definition of diminished responsibility is:

A person who kills or is party to killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning which:
a) Arose from a recognised medical condition
b) substantially impaired D’s ability to:
-Understand the nature of his conduct; or
-Form a rational judgement; or
-Exercise self-control and
c) Provides an explanation for D’s acts and omissions in doing or being a party to the killing

Question 7

The definition for DR says: A person who kills or is party to killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning which:

Answer 7

a) Arose from a recognised medical condition
b) substantially impaired D’s ability to:
-Understand the nature of his conduct; or
-Form a rational judgement; or
-Exercise self-control and
c) Provides an explanation for D’s acts and omissions in doing or being a party to the killing

Question 8

What do you write for abnormality of mental functioning?

Answer 8

There must be an abnormality of mental functioning, as seen in the case of (Byrne) where the D was unable to form rational judgement, making him unable to exercise self-control and the defence of DR available

Question 9

What do you write for recognised medical condition?

Answer 9

The D must have a recognised medical condition (for example: Schizophrenia, BWS, Paranoid personality disorder, depression, diabetes

Question 10

What do you write for define substantial impairment?

Answer 10

Substantial impairment is defined as the D being rendered unable to:
-Understand the nature of their act
-Or, form a rational judgement
-Or, exercise self-control
(Lloyd)

Question 11

What do you write for link?

Answer 11

Abnormality must provide an explanation for the D’s acts and Omissions - it must be a causal link however it need not be the only one

Question 12

What was the principle of Lloyd?

Answer 12

The word substantial does not mean total, nor does it mean trivial or minimal. It is something in between and parliament has left it to juries to decide

Question 13

What do you write for intoxication/alcohol?

Answer 13

-2 intoxication cases
-2 alcohol cases

Question 14

What are the 2 intoxication cases?

Answer 14

Di Duca - Intoxication alone cannot support defence of DR
Dietschmann - If the D’s abnormality of mind is substantially impairing, then the fact he is intoxicated is not relevant to jury

Question 15

What are the 2 alcohol cases?

Answer 15

Wood - ADS could be considered as a source of abnormality of mind
Dowds - Voluntary acute intoxication not capable of diminished responsibility

Question 16

What is loss of control AO1 divided into?

Answer 16

-Definition
-S54 (1-2)
-S55 qualifying triggers
-S55 sexual infidelity
-S54 revenge
-S55 age/sex

Question 17

What do you write for loss of control definition?

Answer 17

-Loss of Control is a defence defined in S54 and S55 of the Coroners and Justice Act 2009
“Where a person kills or is party to the killing of another, D is not to be convicted of murder if:
a) D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self control
b) The loss of self-control had a qualifying trigger; and
c) 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 a similar way to the D

Question 18

What’s a summary of the three parts (a-c) for loss of control definition?

Answer 18

a) Resulted from D’s loss of self control
b) Loss of self-control had qualifying trigger
c) Similar person would have acted the same

Question 19

What do you write for S54 (1-2)?

Answer 19

-Section 54(1)(a) requires a loss of self-control
-Section 54(1)(b) requires a qualifying tirgger
-Section 54(2) says loss of control does not need to be sudden and is a question for the jury to decide
(Dawes) - Sexual infidelity isn’t qualifying trigger

Question 20

What do you write for S55 qualifying triggers?

Answer 20

Section 55 requires one or both of two qualifying triggers to exist:
-S55(3) - qualifying trigger of fear of serious violence and need not be from victim or towards D (Wood)
-S55(4) - qualifying trigger of a thing or things done or said which constitute circumstances of an extremely grave nature and give D a justifiable sense of being seriously wronged (Zebadee)

Question 21

What is the principle of Zebadee?

Answer 21

As it didn’t constitute grave character and D wasn’t justifiably being seriously wronged, appeal dismissed

Question 22

What do you write for S55 infidelity?

Answer 22

S55(6) - sexual infidelity on it’s own is an excluded trigger

Question 23

What do you write for S54 revenge?

Answer 23

S54(4) If a person has acted out of revenge the defence will fail

Question 24

What do you write for S55 age/sex?

Answer 24

S55(1)(c) A person of D’s age and sex with a normal degree of tolerance and self-restraint and in circumstances of D may have reacted in the same or similar way (Hill)

Question 25

How would you conclude application?

Answer 25

If not successful: explain where defence fails
If successful: explain partial defence so murder -> voluntary manslaughter