voluntary manslaughter

Question 1

what is voluntary manslaughter?

Answer 1

it is a partial defence for murder meaning there is a potential to a lesser sentence
voluntary manslaughter is murder (the unlawful killing of a reasonable person in being under the kings peace with malice aforethought - comes from sir edward coke) but with mitigating factors

Question 2

what are the mitigating factors?

Answer 2

•loss of control
•diminished responsibility
•part of a suicide pact

Question 3

what is diminished responsibility?

Answer 3

it recognises that some defendants commit crime because of their mental illness

Question 4

what law goes with diminished responsibility?

Answer 4

s.2 homicide act 1957 but amended by s.52 coroners and justice act 2009

Question 5

what are the criticisms of s.2 homicide act 1957?

Answer 5

• Out of date
• Does not make sense in light of medical developments
• Confusing for juries
• Language
• Offensive terms

Question 6

S.2 HOMICIDE ACT 1957 AS AMENDED BY
S.52 CORONERS AND JUSTICE ACT 2009

Answer 6

• An abnormality of mental functioning
• Caused by a recognised medical condition
• Which substantially impaired the defendants mental ability to either
• understand the nature of their conduct,
• form a rational judgement, or
• exercise self control
• There must be a link between the medical condition and the defendant killing the victim

Question 7

what does an abnormality of mental functioning mean?

Answer 7

r.v byrne 1960 states the abnormality refers to: ‘abnormality of mind’ means a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal

Question 8

Caused by a recognised medical condition - meaning

Answer 8

must be recognised by the world health organisation
examples of recognised medical conditions:
- R v Ahluwalia 1993 - depression (also introduced the concept of battered women syndrome)
- R v Campbell 1987 - epilepsy
- R v Moyle 2008 - schizophrenia

Question 9

Which substantially impaired the defendants mental ability to either
• understand the nature of their conduct,
• form a rational judgement, or
• exercise self control
MEANING

Answer 9

R v Lloyd 1967 - establishes that substantial does not mean total
-If it were a total impairment, then the appropriate defence would be insanity

Question 10

what is the burden of proof for diminished responsibility?

Answer 10

reverse burden of proof - The reverse burden of proof is when the burden shifts from the prosecution to the defendant — meaning the defendant must prove something, instead of the prosecution proving their guilt in the usual way.

Question 11

what is loss of control?

Answer 11

unlawful killing caused by a loss of self control

Question 12

what does provocation come under

Answer 12

s.3 homicide act 1957

Question 13

provocation case

Answer 13

rv duffy 1949 - must be a ‘sudden and temporary loss of control’

Question 14

what is the new law of loss of control

Answer 14

s.54 - s.55 coroners and justice act 2009

Question 15

what are the qualifying triggers?

Answer 15

1. fear of serious violence from the victim against the defendant or to another identified person
2. a thing said or done or both which constituted circumstances of an extremely grave character and the defendant has a justifiable sense of being wronged

Question 16

sexual infidelity rule

Answer 16

sexual infielity cannot be used for a trigger
rv clinton 2012

Question 17

normal person test (objective)

Answer 17

the jury must consider:
would the same person of the same age and sex, with a normal tolerance and self restraint, have reacted in the same way

Question 18

burden of proof for loss of control

Answer 18

on the defendant

Question 19

evaluation of diminished responsibility

Answer 19

strengths
- protects defendants with mental disorders - recognises that individuals with men to conditions may not be fully responsible for their actions
- the law requires recognised medical conditions, which aligns more with modern medical knowledge - the old law “abnormality of the mind” was extremely broad and could include many unusable behaviours

weaknesses
- reliance on medical experts - different experts may give different opinions, making outcomes unpredictable
- risk of overuse - some may argue that defendants may attempt exaggerate medical conditions to get a lower murder charge

Question 20

evaluation of loss of control

Answer 20

• no longer requires a sudden and temporary loss of control (rv duffy 1949)
  -clearer strcuture - the law has a clear set of qualifying triggers, making it easy fro juries to understand
• prevents revenge killings - rv clinton 2012 - eg infidelity