Voluntary Manslaughter (LC&DR)

Question 1

ss54-55 Coroners & Justice Act 2009

Answer 1

s54(1) D is not to be convicted of murder if -

a. D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self-control
b. the loss of self-control had a qualifying trigger, AND
c. a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D might have reacted in the same or in a similar way to D

Question 2

s55(6)(a-b) Coroners & Justice Act 2009 (JOHNSON)

Answer 2

fear/anger triggers cannot be raised if D incited the situation themselves and as an excuse to use violence against v

Question 3

s55(6)(c) Coroners & Justice Act 2009

Answer 3

sexual infidelity on its own is explicitly excluded as an anger trigger

Question 4

Sands

Answer 4

D killed pedo out of fear for safety of children and anger at his dismissive behaviour when confronted on past

Question 5

s55(5) Coroners & Justice Act 2009

Answer 5

A combination of
s55(3) - fear trigger; and
s55(4) - anger trigger

Question 6

s55(4) Coroners & Justice Act 2009

Answer 6

Things said or done which

a. constituted circumstances of an extremely grave character, and
b. caused D to have a justifiable sense of being seriously wronged.

This is an objective test - the jury decide if the reasonable man would have felt seriously wronged.

Question 7

s55(3) Coroners & Justice Act 2009

Answer 7

D fears serious violence from V against D or another identified person

The test is subjective - as long as D’s fear of serious violence is genuine, it does not need to be a reasonable belief

Question 8

s54(2) Coroners and Justice Act 2009 (AHLUWALIA)

Answer 8

It does not matter whether or not the loss of control was sudden.

If there is a delay between the trigger and the killing the jury will decide whether D was not in control.

Ahluwalia - defence might now be allowed as D did not calm down in the two-hour delay period between her husband’s threats and setting him on fire.

Question 9

s54(1)(c) Coroners & Justice Act 2009

Answer 9

The jury will decide whether a person of D’s age and sex, with a normal degree of tolerance and self-restraint and in D’s circumstances, might have reacted in the same or similar way to D.

Question 10

s52(1)(c) Coroners & Justice Act 2009

Answer 10

the abnormality of mental functioning must cause, or be a significant contributory factor in causing D to carry out that conduct or omission in killing

Question 11

s52(1)(b) Coroners & Justice Act 2009

Answer 11

D’s mental ability is substantially impaired if he cannot:

s52(1A)

a. understand the nature of his conduct
b. form a rational judgement
c. exercise self-control

Question 12

s52(1)(a) Coroners & Justice Act 2009

Answer 12

Abnormality of mental functioning must be caused by a ‘recognised medical condition’

Question 13

s2 Homicide Act 1957 (amended by s52 Coroners & Justice Act 2009)

Answer 13

D was suffering from an abnormality of mental functioning from a recognised medical condition which substantially impaired D’s ability to do one three specified things and explains D’s act or omission in killing

Question 14

Reynolds

Answer 14

post-natal depression is a recognised medical condition

Question 15

R v Jewell

Answer 15

D is not in control if he has lost the ability to ‘act with considered judgement or normal powers of reasoning’

Question 16

Smith

Answer 16

Pre-menstrual tension is a recognised medical condition

Question 17

Mohammed

Answer 17

Bad temper or anger issues cannot be considered in the objective test

Question 18

Martin

Answer 18

Fear of violence from burglars could now be considered a qualifying trigger under the new law

Question 19

Hill

Answer 19

D’s circumstances could include sexual abuse suffered as a child

Question 20

Gregson

Answer 20

D’s circumstances could include
unemployment,
epilepsy
depression

Question 21

Golds

Answer 21

Impairment must be ‘important or weighty’

Question 22

Egan, Dowds

Answer 22

D’s substantial impairment cannot come from intoxication alone

Question 23

Doughty, Zebedee

Answer 23

a. A baby crying, or
b. Annoyance from father suffering Alzheimers

would now not be allowed as the anger trigger is a very high threshold so the defence will only rarely succeed.

Question 24

Dietschmann

Answer 24

Where D suffers a recognised medical condition but is also intoxicated when he kills, the jury ignore the intoxication and decide whether he was substantially impaired by his abnormality of mental functioning

Question 25

Clinton

Answer 25

Court said infidelity could now be considered if combined with other ‘fear’ or ‘anger’ trigger issues

i.e discovering an affair is not enough on its own, but could be taken into account with other factors such as taunting or laughing targeted at D

Question 26

Camplin

Answer 26

Age and sex are important considerations

Question 27

Byrne

Answer 27

Abnormality of mental functioning is ‘A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

Question 28

Baillie

Answer 28

If D acts out of a considered desire for revenge, he cannot use the partial defence of loss of control

Question 29

Asmelash

Answer 29

Intoxication cannot be considered in the objective test

Question 30

Ahluwalia

Answer 30

battered wives syndrome is a recognised medical condition

Question 31

Ward

Answer 31

D feared serious violence would be applied to his brother