Voluntary Manslaughter Ch6 Y2 Flashcards
What are the 2 defences that turn murder into voluntary manslaughter?
Diminished Responsibility
Loss of Control
what are the sentencing guidelines for Voluntary manslaughter?
Upto a maximum of life
long term hospital order
What section and act defines Loss of control?
S54(1) of the Coroners and Justice act 2009
What are the three points that must be proven for Loss of Control
D’s acts or omissions resulted from his loss of control
Loss of control resulted from a qualifying trigger
A person of d’s sex and age, with a normal degree of of tolerance and self restraint would reacted in the same way, given the circumstances
Who has the burden of proof when loss of control is suggested?
The prosecution has the burden of disproving. but the defendent must make “more than a bare assertion (R v Jewell)
what cases relate to the loss of control itself?
R v Gurnipar
R v Jewell
R v Ahluwalia
What does S54(2) state? + supporting case
The loss of control does not have to be sudden.
R v Ahluwalia
What Section of the Coroners and Justice act defines Qualifying trigger?
S55
What are the 2 possible qualifying triggers, and the subsections of them
S55(3) ) Defendant held fear of serious violence from the victim against D or another identified Person
S55(4) ) Things done or said which
A) Constitute circumstances of an extremely grave character AND B) Caused D to have a justified sense of being seriously wronged
What does R v Dawes state?
D cannot rely on fear of serious violence if he induced that violence
Who decides whether D’s sense of being seriously wronged is justifiable?
The jury
What does S54(4) state?
(Loss of control(
The defence is not allowed if the defendant acted in a “considered desire for revenge”
ie, if defendant had the time to consider revenge, the defence fails.
What does R v Rejmanski State?
D is judged against the standard of a person with a normal degree of tolerance and self restraint
What section and act is Diminished responsibility defined and ammended in?
S2 of the homicide act 1957 as ammended by S52 of the coroners and justice act 2009
What is the first part of diminished responsibility?
D suffered from an abnormality of mental functioning which:
1)Arose from a recognised medical condition
2)substantialy impaired D’s ability to do one or more things in SS 1 A
3)provides an explanation for D’s acts and omissions in doing the killing
What are the three things that can be impaired by D’s recognised medical condition
To understand the nature of their conduct
To form a rational judgement
To exercice self control
Who has the burden of proof for diminished responsibility
Defendant, but only on the balance of probablities
what is meant by an abnormality of the mind?
a state of mind so different from that of an ordinary person, that the reasonable person would term it abnormal.
how is a “recognised medical condition” determined?
if it is in the WHO classification of diseases
what case defines “substantial” and what is that definition?
R v Golds
of some importance or was a serious degree of the thing
what is meant by “unable to understand the nature of their conduct”?
D is in an automatic state
What is meant by ability to form a rational judgement?
cant understand what theyre doing.
for schizos, paranioa and such
what is meant by S2(1)(C)
the abnormality of mental functioning must be a significant factor in the killing
