Volentary manslaughter

• What are the partial defences to murder ?

  Loss of control

  Diminished responsibility
• What is a partial defence ?

  A defence that does not completely aquit the defendant
• When the partial defence is successful the offence of murder is reduce to ...

  Voluntary manslaughter with a maximum sentence of life imprisonment.
• DIMINISHED RESPONSIBILITY : What is diminished responsibility ?

  Defined under the homicide act 1957 S2 (1) Amended by S52 of the coroners justice act 2009. The defence that the defendant was suffering from an abnormality which arose from recognised medical condition .

  R V Byrne 1960: Defendant convicted of manslaughter as he was not able to resist the impulse to gratify his perverted desires therefore diminished responsibility was available.
• DIMINISHED RESPONSIBILITY : What would an abnormality of mental functioning impair the defendant to do ?

  Understand the nature of their conduct

  form a rational judgement

  exercise self control
• DIMINISHED RESPONSIBILITY : What is the burden of proof for diminished responsibility ?

  The defendant needs to prove on the balance of probabilities .
• DIMINISHED RESPONSIBILITY : What is the cause of abnormality of mental functioning ?

  It must arise from recognised medical condition defined in the international classification of diseases.
• DIMINISHED RESPONSIBILITY : What is the effect of intoxication on the diminished responsibility ?

  The effect of taking alcohol or drugs cannot itself be pleased as a defence as shown in Tandy 1989: Court of Appeal held that drunkenness was not abnormality of the mind.