Voluntary manslaughter critical evaluation and possible reforms Flashcards
What act cleared up the law of Provocation and what did it replace the offence act
The Coroners and Justice Act 2009 abolished the old defence of provocation and replaced it with the defence of Loss of control. It removed inconsistencies in the law such as those seen in the case of smith
What are the good points of the new law of loss of control
They decided that the loss of control need not be sudden and there triggers include fear aswell as anger. This there is a defence to abused women.
Why might some cases still fail.
Cases such as Ahluwalia and Thornton may still fail however as there is a need of loss of control which is hard to establish in such cases
What did the law commission suggest in regards to the need of loss of control
It suggested that there need not be a loss of control just a qualifying trigger that gives someone as justifiable sense of being wronged and this should be subjective.
How is the new law of loss of control stricter than the old law
It is very strict in terms of the triggers. Sexual infidelity is not a trigger under the new law however it is the most common way one loses self control. Furthermore a person cannot rely of the defence if they acted with a considered desire for revenge which is very hard to prove one hasn’t a considered desire for revenge when someone loses self control.
How is the defence of DR still not satisfactory for abused women
It takes the view that abused women have a mental abnormality which is not ethical and simply not true
How does the new reform allow the law to move with the time
A recognised medical condition is clearer than the old law and allows for new modern syndromes to be taken into account
What issues is there around the recognised medical condition
The law is difficult for a jury to understand and medical testimony doesn’t help as it is very complex
What is the issue regarding intoxication
The jury has the almost impossible task of separating voluntary intoxication and another abnormality of mental functioning
What issue is there regarding the cases of Ahluwalia and Thornton
There highlight an overlap between loss of control and diminished responsibility as both defences are about mental state of the defendant at the time of killing.
What can difficulties in the defences lead to
The jury will give inconsistent verdicts
Where is the burden of proof in diminished responsibility cases
It is upon the defendant to prove that they have an abnormality of mental functioning. This is a violation on the defendant human right to be innocent untill proven guilty
What would be the solution to all of the voluntary manslaughter issues
If the mandatory life sentence is to be removed then there is no need for any of the defences
