Voluntary Manslaughter Ch6 Y2

Question 1

What are the 2 defences that turn murder into voluntary manslaughter?

Answer 1

Diminished Responsibility
Loss of Control

Question 2

what are the sentencing guidelines for Voluntary manslaughter?

Answer 2

Upto a maximum of life
long term hospital order

Question 3

What section and act defines Loss of control?

Answer 3

S54(1) of the Coroners and Justice act 2009

Question 4

What are the three points that must be proven for Loss of Control

Answer 4

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

Question 5

Who has the burden of proof when loss of control is suggested?

Answer 5

The prosecution has the burden of disproving. but the defendent must make “more than a bare assertion (R v Jewell)

Question 6

what cases relate to the loss of control itself?

Answer 6

R v Gurnipar
R v Jewell
R v Ahluwalia

Question 7

What does S54(2) state? + supporting case

Answer 7

The loss of control does not have to be sudden.
R v Ahluwalia

Question 8

What Section of the Coroners and Justice act defines Qualifying trigger?

Answer 8

S55

Question 9

What are the 2 possible qualifying triggers, and the subsections of them

Answer 9

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

Question 10

What does R v Dawes state?

Answer 10

D cannot rely on fear of serious violence if he induced that violence

Question 11

Who decides whether D’s sense of being seriously wronged is justifiable?

Answer 11

The jury

Question 12

What does S54(4) state?
(Loss of control(

Answer 12

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.

Question 13

What does R v Rejmanski State?

Answer 13

D is judged against the standard of a person with a normal degree of tolerance and self restraint

Question 14

What section and act is Diminished responsibility defined and ammended in?

Answer 14

S2 of the homicide act 1957 as ammended by S52 of the coroners and justice act 2009

Question 15

What is the first part of diminished responsibility?

Answer 15

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

Question 16

What are the three things that can be impaired by D’s recognised medical condition

Answer 16

To understand the nature of their conduct
To form a rational judgement
To exercice self control

Question 17

Who has the burden of proof for diminished responsibility

Answer 17

Defendant, but only on the balance of probablities

Question 18

what is meant by an abnormality of the mind?

Answer 18

a state of mind so different from that of an ordinary person, that the reasonable person would term it abnormal.

Question 19

how is a “recognised medical condition” determined?

Answer 19

if it is in the WHO classification of diseases

Question 20

what case defines “substantial” and what is that definition?

Answer 20

R v Golds
of some importance or was a serious degree of the thing

Question 21

what is meant by “unable to understand the nature of their conduct”?

Answer 21

D is in an automatic state

Question 22

What is meant by ability to form a rational judgement?

Answer 22

cant understand what theyre doing.

for schizos, paranioa and such

Question 23

what is meant by S2(1)(C)

Answer 23

the abnormality of mental functioning must be a significant factor in the killing