Voluntary manslaughter - Dim Rep P1 Flashcards
What type of defence is Dim Rep (both) and explain them
Partial defence as if successful then it reduces the charge from murder to vol mands
Special defence as it only applies to murder
Which statute created the defence of dim rep
S52 of the Cornoners and Justices Act 2009
What is the full defence of dim rep to murder
Cannot be convicted of murder if he is suffering from an abnormality of mental functioning with arose from a recognised medical condition, substantilly impaired his ability to understand the nature of his conduct, form a rational judgement or exercise self-control and it must provide an explanation for D’s act or omission as regards the killing
Who has the burden of proof for dim rep and why
The burden of proving the defence is on D, but he need only prove it on the balance of probabilities as it is easier to show D has a mental illness rather than proving he doesnt
What are the 4 stages of dim rep
D must suffer from an AMF
Arising from a RMC.
D must suffer a substantial impairment of one of three abilities, and
The AMF must make a significant contribution to the killing
What is the first stage of dim rep
D must suffer from an AMF
What is covered undert AMF (abnormality of mental functioning)
The ability to exercise willpower or to control physical acts in accordance with rational judgement
How do the jury decide if D has an AMF
Based on medical evidence
Which case established the definition of AMF
Bryne (1960)
What is the definition of AMF under Bryne (1960)
Abnormality of [mental functioning] means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal
Which case confirmed that voluntary intoxication is not sufficient for AMF
Dowds (2012)
What is the second stage of dim rep
Arising from a recognised medical condition
What is the definition/ examples of RCMs in law
No examples in statute but many in common law:
Mental deficiency (Speake 1957)
Epilepsy (Campbell 1997)
Post-natal depression (Reynolds 1988)
Pre-menstrual tension (English 1981)
Autism spectrum disorder (Conroy 2017)
Clinical depression (Gittens 1984)
Not religious delusions (Sutcliffe 198)
Battered Woman Syndrome
Which case showed acknowledgement to BWS (Battered woman sydrome) and which case was it first used in
Acknowledged in Ahluwalia
Used in Humphreys
Which conditions are included under RMC
Bipolar disorder, paranoid depression, schizophrenia, obsessive compulsive disorder and post-traumatic stress disorder
Which organisation is consulted by the courts to decide whether an abnormality arises from a recognised condition
The World Health Organisation’s international classification of diseases
What is the third stage of dim rep
The AMF must have substantially impaired D’s ability to do one or more of those things as mentioned
What 3 options must the impairment have substantially impacted in order for this stage to be completed
To understand the nature of the defendant’s conduct;
To form a rational judgement;
To exercise self-control
What is meant by ‘to understand the nature of the defendant’s conduct’
D is in an automatic state and does not knwo what he or she is doing
D has delusions and beliefs
‘Killing the devi’ but actually killing a person
What is meant by ‘to form a rational judgement’
Even if D knows natur of his conduct, may not be able to form rational judgement about act or omission
May suffer from paranoia, schizophrenia or BWS to affect judgement
What is meant by ‘to exercise self-control’
Unable to control his perverted ideas (Byrne)
Which case established substantially means ‘more than some trivial degree of impairment…, but it means less than total impairment’
Egan
Which case upheld the definition of substantial by Egan
Golds in the Supreme court
What is the final stage of dim rep
Should be at least a significant contributory factor in causing D’s conduct (legal causation)
What is meant by significant contribution
Ds AMF must be the significant cause for Ds conduct
Does not have to be the only cause but it has to be significant
What are the 3 areas of complications with significant cause
When D was intoxicated at the time of killing and tries to plead Dim Rep
When D was intoxicated at the time of the killing and has a pre-existing AMF
When D’s intoxication is due to an addiction
What is meant by ‘When D was intoxicated at the time of killing and tries to plead Dim Rep’
Intoxication on its own cannot be used as the basis for Dim Rep. The defence requires an AMF due to a RMC and intoxication does not fall within this definition
Which case is used to show that intoxication is not AMF
Dowds
What is meant by ‘When D was intoxicated at the time of the killing and has a pre-existing AMF’
A person who is simply drunk or intoxicated, but has some other recognised medical abnormality, may still use the defence. The jury is not expected to decide whether it was the abnormality or the drinking that caused D’s behaviour
To ignore the effect of the alcohol. Ask instead, would D have killed without it based on his AMF? If so, D is not guilty of murder and Dim Rep will succeed
Which case involved a grieving nephew over auntie (incest) and he beat up someone
Dietschmann
Which case involved a schizophrenic killing whilst intoxicated
Joyce
What is meant by ‘When D’s intoxication is due to an addiction’
Alcohol dependence syndrome (ADS) is considered to be a recognised medical abnormality but whether it will be enough to substantially impair D’s behaviour will depend on the nature and extent of the person’s ADS and how well he was able to control his drinking
Which case involved an alcoholic killed man making sexual advances and shows ADS as a RMC
Wood
Which case involved an alcoholic killed man in a fight and shows t whether it will be enough to substantially impair D’s behaviour will depend on the nature and extent of the person’s ADS and how well he was able to control his drinking
Steward
