voluntary manslaughter (chap6)

    Cards (57)

    • What is the definition of voluntary manslaughter?
      A lesser charge than murder
    • What does the Homicide Act 1957 recognize?
      Provocation as a common law defence
    • What did the Coroners and Justice Act 2009 replace provocation with?
      The defence of loss of control
    • What is the effect of a partial defence to murder?
      Reduces murder charge to voluntary manslaughter
    • What is the significance of a conviction for voluntary manslaughter?
      It can result in a lesser sentence
    • What must the defendant prove for the loss of control defence to succeed?
      They lost self-control and had a qualifying trigger
    • What are the three requirements for the loss of control defence?
      Lost self-control, qualifying trigger, similar reaction
    • What is a qualifying trigger under section 55?
      Fear of serious violence or extreme provocation
    • How is the defendant's reaction assessed in loss of control cases?
      Compared to a person of the same age and sex
    • What does section 55(6)(a) state about inciting violence?
      Defendant cannot rely on the defence if they incited violence
    • What was the outcome in R v Dawes regarding the loss of control defence?
      Defendant could not rely on fear of violence
    • What is the significance of the case R v Jewell (2014)?
      It emphasized the need for evidence of lost self-control
    • What are the two types of qualifying triggers for loss of control?
      Fear of violence and extreme provocation
    • What does the standard of self-control require under section 54(1)(d)?
      Objective assessment based on age and sex
    • How does a personality disorder affect the assessment of self-control?
      It can reduce tolerance but not self-control capacity
    • What is the burden of proof for diminished responsibility?
      On the defendant to prove on balance of probabilities
    • What is the maximum sentence for voluntary manslaughter?
      Life imprisonment, but can be lenient
    • What are the main points of the loss of control defence?
      • D must have lost self-control
      • There must be a qualifying trigger
      • A person of the same sex and age would have reacted similarly
      • Reaction need not be sudden
      • Triggers include fear of serious violence or extreme provocation
    • What are the effects of the loss of control defence?
      • Reduces murder charge to voluntary manslaughter
      • Allows for discretionary sentencing
      • Reflects reduced level of fault
    • What is the definition of diminished responsibility?
      A partial defence to murder due to mental impairment
    • What must the jury determine in diminished responsibility cases?
      If the defendant's mental functioning was substantially impaired
    • What is the significance of R v Byrne (1960)- murder of a girl staying in a hostel, he mutilated her body?
      Established the test for abnormal mental functioning
    • What does the term "substantially" mean in the context of diminished responsibility?
      Impairment of some importance or serious degree
    • What is the role of alcohol in the defence of diminished responsibility?
      Considered if it leads to involuntary drinking
    • What must the jury consider in cases of both voluntary and involuntary drinking?
      Only the effects of involuntary drinking
    • What is the outcome if the jury finds that the defendant's mental abnormality did not substantially impair responsibility?
      The defendant is likely found guilty of murder
    • What is the significance of R v Wood (2008) regarding alcohol consumption?
      It clarified the distinction between voluntary and involuntary drinking
    • What are the symptoms of autism?
      Impaired social communication and repetitive behaviours
    • What are the key components of autism diagnosis?
      Deficits in social communication and restricted behaviours
    • What are common behaviours associated with autism?
      ADHD, anxiety, depression, and epilepsy
    • What is the purpose of standardized tests in autism assessment?
      To evaluate developmental history and behaviours
    • What are the effects of intervention for autism?
      Improves social interactions and quality of life
    • What is the principle established in R v golds (2016)?- killed partner, prior to this he SA her.
      Abnormal condition must substantially impair responsibility
    • What does R v Dietschmann (2003) clarify about mental abnormality?
      It must substantially impair mental responsibility
    • What is the test for determining abnormality in R v Byrne (1960)?
      Whether mental functioning is different from ordinary humans
    • What is the significance of the case R v Baille (1995)?- d killed sons drug dealer as the v was making threats to his son


      It established that sudden loss of control can apply with revenge
    • What is the role of the jury in assessing diminished responsibility?
      To determine if the defendant's mental state impaired responsibility
    • What is the relationship between diminished responsibility and voluntary manslaughter?
      Diminished responsibility reduces murder to voluntary manslaughter
    • What is the significance of the term "normal person" in diminished responsibility cases?
      It refers to the standard against which the defendant is judged
    • What is the effect of sexual infidelity in the context of loss of control?
      It is excluded as a qualifying trigger
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