Voluntary Manslaughter - DR

Question 1

what is voluntary manslaughter?

Answer 1

• partial defence to murder
• allows the charge of murder to be reduced to manslaughter

Question 2

what is the statute for diminished responsibility?

Answer 2

Section 52 of the Coroners & Justice Act 2009

Question 3

1st element for proving DR

Answer 3

abnormality of mental functioning
Byrne - Was D so different from the ordinary person that the reasonable man would deem it abnormal?

Question 4

2nd element for proving DR

Answer 4

AMF must be the consequence of D having a RMC (from WHO classification of diseases)

Brown – Severe stress is a recognised medical condition

Ahluwalia – Battered spouse syndrome is an rmc

Question 5

3rd element for proving DR

Answer 5

The RMC must substantially impair D’s ability to;
- Understand nature/conduct of their actions
- Make rational judgement
- Exercise self-control

Sutcliffe – struggled to exercise self-control

Question 6

4th element for proving DR

Answer 6

must provide an explanation for D’s act
needs to be a casual link between mental abnormality and D’s act

S 1B Homicide Act 1957 ‘An AMF provides an explanation for D’s conduct if it causes or is a significant contributing factor causing D to carry out that conduct’

Question 7

DR & intoxication

Answer 7

If D is drunk, DR is not a defence

Drunk & RMC (ignore ‘drunkenness’ and assess whether RMC caused the killing – Dietschmann, drunk but still had RMC)