Voluntary Manslaughter

• What are the two special defences of voluntary manslaughter?

  Loss of control

  Diminished Responsibility
• What are the two special defences of voluntary manslaughter?

  Loss of control

  Diminished Responsibility
• Why is the verdict of manslaughter instead of murder important?

  a judge has discretion in the sentence they impose which avoids the mandatory life sentence for murder
• What law is loss of control set out in?

  Coroners and Justice Act 2009
• What law is loss of control set out in?

  Coroners and Justice Act 2009
• What is in s.54 (1) (a)?

  a loss of self control
• What is in s.54 (1) (b)?

  the loss of control had a "qualifying trigger"
• What is in s.54 (1) (c)?

  a person of D's sex and age with a normal degree of tolerance and self-restraint might have acted the same way as D
• What does Loss of self-control mean?

  a loss of ability to act in accordance with considered judgment or a loss of normal powers of reasoning
• Give a case for loss of self control.

  Jewell
• What was the outcome of the case of Jewell?

  there was "overwhelming" evidence that this was a planned execution
• Is loss of self control subjective or objective?

  subjective
• Does the loss of control have to be sudden? What section does this refer to?

  No, it may be a follow from the cumulative impact of earlier events s.54(2)
• Is revenge included in loss of self control?

  No
• What act and section is qualifying trigger set out in?

  s.55 Coroners and Justice Act 2009
• What are the two triggers in qualifying trigger?

  Fear and anger triggers
• What act and section is fear trigger set out in?

  s.55(3)
• How is the Fear Trigger decided?

  subjectively
• What case example is used for fear trigger ( and what happened)?

  Ward, D killed V after V attacked his brother
• How is the anger trigger decided?

  objectively
• What are the two components that makes the anger trigger?

  extremely grave character

  justifiable sense of being seriously wronged
• Give a case for anger trigger, and what happened?

  Zebedee, D lost control when his 94-year-old father, who had Alzheimer's repeatedly soiled himself.
• What are the three limitations on qualifying triggers?

  sexual infidelity

  incitement

  revenge
• What is said about sexual infidelity and what case was this?

  It is to be disregarded, Clinton
• What is said about incitement?

  A person may not raise a qualifying trigger if they incited the thing done or said or the violence.
• What case study is used in Incitement?

  Dawes
• What is said about Revenge?

  excludes situations where D has acted " in a considered desire for revenge"
• What is the normal person test?

  A person of D's sex and age with a normal degree of tolerance and self-restraint in the circumstances of D, might have reacted in the same or similar way to D.
• What are the two circumstances of the D that may be considered?

  a history of sexual abuse

  mental illness
• What case is used for the normal person test and what happened?

  Rejmanski, former soldier killed V who taunted him
• Is voluntary intoxication a circumstance for the purposes of the normal person test (case)?

  No, Asmelash
• What are the four key elements to Diminished Responsibility?

  Abnormality of mental functioning

  Recognised medical condition

  Substantial impairment

  Explains the killing
• What does abnormality of mental functioning mean?

  whether D's mental functioning was so different from that of an ordinary human being that the reasonable person would term it abnormal
• What case is linked to AMF?

  Byrne
• What are examples of psychological and physical conditions? (7)

  psychotic condition

  post-natal depression

  mental disorder

  alcohol dependency syndrome

  depressive illness

  Asperger's syndrome

  Battered Spouses' Syndrome
• The abnormality of mental functioning must substantially impair D's ability to do one of what three things?

  To understand the nature of his conduct

  To form a rational judgment

  To exercise self control
• What must D prove (provides an explanation for D's conduct)?

  the abnormality of mental functioning provided an explanation for his acts( or omissions)
• What does Recognised medical condition include?

  Psychological and physical conditions