voluntary manslaughter - DR

Question 1

what kind of defence is voluntary manslaughter?

Answer 1

a partial defence.

Question 2

give the definition of a partial defence for murder

Answer 2

where a defendant has the actus reus and mens rea of murder but may be able to avoid a conviction for murder by establishing that he comes within the scope of a partial defence

Question 3

what are the two partial defences to murder?

Answer 3

diminished responsibility

loss of control

Question 4

which piece of legislation covers voluntary manslaughter

Answer 4

the Coroners and Justice Act (2009)

Question 5

what does a manslaughter verdict allow judges?

Answer 5

more discretion for judges when sentencing

Question 6

where is the burden of proof for diminished reponsibility

Answer 6

on the defence

Question 7

give a critical point on the burden of proof on the defendant

Answer 7

it goes against Article 6 of the European Convention of Human Rights, a right to a fair trial

Question 8

give the criteria for diminished responsibility

Answer 8

a person who kills another shall not be convicted of murder if he:
*was suffering from an abnormality of mental functioning
*arising from a recognised medical condition
*which substantially impaired his ability to:
1. form a rational judgement OR
2. understand the nature and consequence of his actions OR
3. exercise self-control
THIS PROVIDES AN EXPLANATION FOR D’S CONDUCT

Question 9

Which Act historically covered diminished responsibility

Answer 9

the Homicide Act

Question 10

what term was replaced by abnormality of mental functioning?

Answer 10

abnormality of mind

Question 11

what is the significance of the change from mind to mental functioning?

Answer 11

mental functioning broadens the Act to cover more illnesses

Question 12

give two examples of abnormality of mental functioning

Answer 12

PMS and PTSD

Question 13

Give the facts and significance of Byrne

Answer 13

Facts: D was a sexual psychopath who murdered and mutilated women
Significance: there was medical evidence that he was a sexual psychopath, this was an abnormality of the mind

Question 14

Which case defined abnormality of mental functioning

Answer 14

Byrne

Question 15

define abnormality of mental functioning

Answer 15

your level of mental functioning is so different from that of the reasonable man that it can be seen as abnormal

Question 16

which three cases define ‘recognised medical condition’

Answer 16

English, Reynolds and Ahluwalia

Question 17

give the facts and significance of English

Answer 17

D killed V while suffering from PMT. this was held to be a recognised medical condition

Question 18

Give the facts and significance of Reynolds

Answer 18

D killed V while suffering from post-natal depression. this was held to be a recognised medical condition

Question 19

Give the facts and significance of Ahluwalia

Answer 19

D killed V while suffering from Battered Wives Syndrome. this was held to be a recognised medical condition

Question 20

why is old case law on ‘substantially impaired’ still relevant?

Answer 20

the term remains unchanged from the Homicide Act

Question 21

give the facts and significance of LLoyd

Answer 21

D strangled is wife while suffering from depression. the Court of Appeal said substantially impaired means neither total nor minimal and that it is the jury’s decision.

Question 22

What must the substantial impairment be in relation to?

Answer 22

One of the 3 aspects of D’s mental responsibility

Question 23

What must the substantial impairment provide?

Answer 23

An explanation for D’s conduct

Question 24

What did the CJA introduce in terms of substantial impairment?

Answer 24

“Casual connection”

Question 25

Finish the sentence: Abnormality of mental functioning does not need to be...

Answer 25

The only factor which cause D to act as he did but it must be a substantial one

Question 26

Who decides if the impairment provides an explanation?

Answer 26

The jury

Question 27

Give the facts of Sanders

Answer 27

D was depressed and killed his wife because she was having an affair then attempted suicide

Question 28

I’ve the ratio of Sanders

Answer 28

Although D had an AoMF which 2 psychologists said substantially impaired his responsibility, the crown did not accept that this had substantially diminished D’s responsibility

Question 29

What is the general rule where D is intoxicated and suffers from an unrelated AoMF?

Answer 29

Ignoring the alcohol, would D’s AoMF substantially impair his responsibility for the offence?

Question 30

Give the facts of Gittens

Answer 30

D killed his daughter and wife while suffering from severe depression and having drank alcohol

Question 31

Give the ratio of Gittens

Answer 31

Said intoxication should be ignored

Question 32

Give the facts of Egan

Answer 32

D had a mentality bordering on the subnormal and heavily drank before killing someone

Question 33

Give the ratio of Egan

Answer 33

If the jury believed that but for the consumption of alcohol D would not have killed, the defence is lost

Question 34

How can the test from Egan be criticised?

Answer 34

It asks an impossible question

Question 35

Give the facts of Dietschmann

Answer 35

D killed someone while drunk and suffering from adjustment disorder in the form of depressed grief

Question 36

Give the facts of Tandy

Answer 36

D was an alcoholic who strangled her daughter

Question 37

Give the ratio of Tandy

Answer 37

This case didn’t consider alcoholism a diaseas

Question 38

Give the facts of Wood

Answer 38

D drank heavily and killed V

Question 39

Give the test from Wood

Answer 39

D has to be suffering from ‘brain damage’ as a result of drinking otherwise it’s not considered involuntary

Question 40

What did the Court of Appeal say in Wood on appeal?

Answer 40

That alcohol dependency could be considered as an AoMF if the alcohol was consumed as a result of that dependency

Question 41

Give the test established in Stewart

Answer 41

1. Was D suffering from an AoMF 2. Was the AoMF caused by the dependency 3. Was D’s mental responsibility substantially impaired

Question 42

Give the significance of R v Dowds

Answer 42

No defence because he wasn’t an alcoholic he just drank

Question 43

What is crucial to the defence of diminished responsibility?

Answer 43

Medical evidence

Question 44

What happens if a jury ignores strong medical evidence?

Answer 44

There are grounds for appeal

Question 45

Give the facts of Matheson

Answer 45

D killed and mutilated 15 year old boy

Question 46

Give the ratio of Matheson

Answer 46

Jury should not form a verdict contrary to medical evidence