Voulantaty Manslaughter Cases Flashcards
Bryne
murdered a young girl then mutilated her body and had irresistible impulses he couldn’t control. Held that ‘abnormality of mind’ is defined as ‘a state of mind so different from that of ordinary human beings that the reasonable man would find unreasonable’
Lloyd
decided that substantially impaired is ‘more than just a trivial degree of impairment but means less than total impairment’ it is up to the jury to decide
Golds
the supreme court ruled that a judge does not have to define substantially for the jury
Di duca
c of a held immediate effects of alcohol or drugs were not sufficient to amount to a medical condition
Deichman
d killed a man in an attack whilst he was drunk, he had a personality disorder that arose due to grief after he lost his aunty
Gittens
attacked and killed his wife with a hammer then raped and killed his daughter, he had severe depression and had been drinking heavily. His conviction was reduced to manslaughter due to the depression nor the alchahol
R v jewel
shot a victim then fled the scene. In his car was a ‘survival kit’ with clothes and a tent. He argued that he lost self-control. Held that there was insufficient evidence of him loosing self-control.
D v ward
found ex-partner with someone else so started a fight and killed the v. held can’t use the loss of self-control if it was self-inflicted
R v zebedee
man killed 94-year-old dad who had alzhimers and was incompetent, held that it was no loss of self-control because v had not been wronged
R v hatter
took a knife to take up the carpets at his ex-partners house who recently got a new partner, he said he slipped and accidently stabbed her. Held he was guilty of murder
R v Clinton Parker and Evan’s
man hit wife with wooden bat strangled her with his belt the send naked photos of her dead to the men she had been having affairs with, he had other triggers other than sexual indefinity such as her laughing at him for looking at suicide websites and not wanting the children. Held that other triggers should be excepted if there is cheating present
Iberahams and Gregory
ex boyfriend of current girlfriend had terrorised their flat. V called the police, and they did nothing, so the defendants planned to attack and kill him. Held that they didn’t lose control as they had planned the murder
Hill
lost control when someone tried to abuse him because he had been abused in the past. The normal person would have to be somebody who had also been abused
