voluntary manslaughter cases Flashcards

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1
Q

R v Bryne (1960)
-diminished responsibility

A

sum: D was a psychopath who strangled a young woman and mutilated her body, due to his medical condition he was unable to control his perverted desires
sig: a state of mind so different from that of an ordinary human beings that the resonable man would call it abnormal = abnormality of mental functioning

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2
Q

R v Dowds (2012)
-diminished responsibility

A

sum: killed his partner by stabbing her about 60 times. He claimed acute intoxication was a recognised mental condition.
sig: Not sufficient as only recognised as a medical condition if it is involuntary (alchol dependent)

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3
Q

R v Diestschmann (2003)
-diminished responsibility

A

sum:A man killed his friend while drunk and when suffering from depression in the wake of his aunt’s death.
sig: He pleaded diminished responsibility due to his depression/grief, but jury had to consider whether the defendant would have killed his friend if he had not been drunk due to his abnormal state of mind of grief

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4
Q

R v Wood (2008)
-diminished responsibility

A

sum: D (alcholic) woke up and found the victim making unwanted sexual advances towards him. He lost his self-control and killed the victim, by repeatedly striking him with a meat cleaver when drunk
sig: jury needs to consider whether alcholism was impacting the defendant’s mental responsibility at the time of the killing. In deciding this, the jury needs to consider the effect of the alcohol consumed as a result of the illness instead of it drank voluntarily

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5
Q

R v Ward (2012)
-Loss of control (fear trigger)

A

sum: D successfully pleaded LOC after killing V who physically attacked D’s brother.
sig: can rely on fear of violence because D did not induce that violence.

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6
Q

R v Zebedee (2012)
-Loss of control (anger trigger)

A

sum: D murdered his 94 year old father after he had soiled himself repeatedly. The D was convicted, and appealed on the basis that his LOC defence should have been applicable.

sig: For things done or said to be a qualifying anger trigger, they must constitute circumstances of an extremely grave character and D must have a justifiable sense of being seriously wronged

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7
Q

R v Hatter (2013)
-LOC

A

sum: D stabbed his wife with a knife during an argument, claiming the stabbing was an accident and he only had the knife to take up the carpet
sig: Breakdown of a relationship not usually a qualifying anger trigger (extremely grave character) for LOC

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8
Q

R v Asmelash (2013)
-LOC

A

sum: D was insulted and taunted by V, D was drunk when he stabbed the victim to death
sig: voluntary intoxication isn’t a relevant characteristics when it comes to deciding if the reasonable man would have related in the same way to the D

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9
Q

R v Mohammed (2005)
-LOC

A

sum: D (muslim known for being strict) stabbed his daughter 19 times, killing her for having a relationship before marriage.
sig: the reasonable man wouldn’t regard him as justified in feeling seriously wronged, and his own perception wasn’t relevant

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10
Q

R v Hill
-LOC

A

sum: Hill was the subject of of unexpected and unwelcome homosexual advances & then V thretened to kill him so D obtained two knives and stabbed V
sig: D suffered sexual abuse as a child so it may be considered reasonable of him to act in the way that he did

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