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OCR LAW- MIA
criminal law
voluntary manslaughter (chap6)
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Cards (57)
What is the definition of voluntary manslaughter?
A lesser charge than
murder
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What does the Homicide Act 1957 recognize?
Provocation
as a common law defence
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What did the Coroners and Justice Act 2009 replace provocation with?
The defence of
loss of control
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What is the effect of a partial defence to murder?
Reduces murder charge to
voluntary manslaughter
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What is the significance of a conviction for voluntary manslaughter?
It can result in a
lesser sentence
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What must the defendant prove for the loss of control defence to succeed?
They lost
self-control
and had a
qualifying trigger
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What are the three requirements for the loss of control defence?
Lost self-control,
qualifying trigger
,
similar reaction
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What is a qualifying trigger under section 55?
Fear of serious violence
or
extreme provocation
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How is the defendant's reaction assessed in loss of control cases?
Compared to a person of the same age and sex
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What does section 55(6)(a) state about inciting violence?
Defendant cannot rely on the defence if they incited violence
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What was the outcome in R v Dawes regarding the loss of control defence?
Defendant
could not rely on fear of violence
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What is the significance of the case R v Jewell (2014)?
It emphasized the need for evidence of
lost self-control
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What are the two types of qualifying triggers for loss of control?
Fear of violence and
extreme provocation
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What does the standard of self-control require under section 54(1)(d)?
Objective assessment based on
age
and
sex
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How does a personality disorder affect the assessment of self-control?
It can reduce tolerance but not self-control
capacity
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What is the burden of proof for diminished responsibility?
On the defendant to prove
on balance of probabilities
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What is the maximum sentence for voluntary manslaughter?
Life imprisonment
, but can be lenient
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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
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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
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What is the definition of diminished responsibility?
A
partial defence
to murder due to
mental impairment
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What must the jury determine in diminished responsibility cases?
If the defendant's mental functioning was
substantially impaired
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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
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What does the term "substantially" mean in the context of diminished responsibility?
Impairment
of some importance or serious degree
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What is the role of alcohol in the defence of diminished responsibility?
Considered if it leads to
involuntary
drinking
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What must the jury consider in cases of both voluntary and involuntary drinking?
Only
the effects of
involuntary
drinking
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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
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What is the significance of R v Wood (2008) regarding alcohol consumption?
It clarified the distinction between
voluntary
and
involuntary
drinking
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What are the symptoms of autism?
Impaired social communication
and repetitive
behaviours
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What are the key components of autism diagnosis?
Deficits in social communication and
restricted
behaviours
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What are common behaviours associated with autism?
ADHD, anxiety, depression, and epilepsy
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What is the purpose of standardized tests in autism assessment?
To evaluate
developmental history
and
behaviours
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What are the effects of intervention for autism?
Improves
social interactions
and
quality of life
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What is the principle established in R v golds (2016)?- killed partner, prior to this he SA her.
Abnormal condition must substantially impair responsibility
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What does R v Dietschmann (2003) clarify about mental abnormality?
It must
substantially
impair mental
responsibility
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What is the test for determining abnormality in R v Byrne (1960)?
Whether mental functioning is different from
ordinary humans
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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
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What is the role of the jury in assessing diminished responsibility?
To determine if the
defendant's
mental state impaired responsibility
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What is the relationship between diminished responsibility and voluntary manslaughter?
Diminished responsibility reduces
murder
to voluntary manslaughter
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What is the significance of the term "normal person" in diminished responsibility cases?
It refers to the
standard
against which the defendant is judged
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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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See all 57 cards
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