voluntary manslaughter cases Flashcards
Jewell
sufficient evidence.
D had driven to Vs house to pick him up for work and shot him twice at point blank range with a shotgun.
D was convicted of murder but appealed on the basis that he had lost his self control.
Workman
Sufficient evidence.
The court of appeal rejected D’s appeal against his conviction for murdering his ex wife. D contended that the trial judge should have directed the jury in loss of control but the appeal court held that in this case there was simply no evidence to support that defence.
R v Barnsdale-Quean
Sufficient evidence.
D had been charged with the murder of his wife. The crowns case was that D had strangled V to death with a chain. D denied this and claimed that V had attacked him before committing suicide by self strangulation.
Dawes
Self inflicted triggers.
Stabbed V in a jealous rage. Tried to use self defence but he has instigated the attack to was not available.
Ward
Serious violence.
D pleased loss of control after killing the V who had previously attacked his brother at a house party. The jury therefore accepted that the D had lost self control due to the serious violence issued by the victim.
Lodge
Serious violence.
V attacked D with a baseball bat so D killed V. D lost self control in response to serious violence from V.
Clinton
Things done or said.
D and his wife agreed to trial a separation. After the separation she revealed she was having an affair. V agreed to meet up with D and he killed her after she told him that she had sexual relations with five men.
Parker
Things done or said.
Killed his wife because of her sexual infidelity.
Evans
Things done or said.
Killed his wife because of her sexual infidelity.
Asmaleash.
Stabbed flat mate when drunk.
Should be judged as sober and reasonable person even though intoxicated. Did not get diminished responsibility as a defence or loss of control.
R v Ahluwalia
D was subject to ten years of violence from her husband and threw petrol in his bedroom and set it alight, causing his death. Battered wives syndrome is not a recognised condition.
Dietschmann
D’s aunt, who he was having a relationship with died. D began drinking alcohol heavily and killed V under the influence of alcohol.
R v Hendy
D stabbed and killed a complete stranger, kicked his friend in the face and later stabbed a man in an alert way. Admitted the killing at his trial and raised the defence of diminished responsibility because he suffered a head injury in early childhood.
Medical experts differed in their assessment of his medical condition.