Voluntary Manslaughter Flashcards
Lloyd
Diminished Responsibility
Set out that substantial means something in between trivial and minimal.
Byrne
Diminished Responsibility
An abnormality of mental functioning means “a state so different from that of ordinary human beings that the reasonable man would term it abnormal”
Di Duca
Intoxication
Set out that the immediate effect of alcohol is not a medical condition
Diestschmann
Intoxication
Being solely intoxicated will not allow the use of DR.
Wood
Stewart
Alcohol dependency syndrome can be an abnormality of mental functioning but this is for the jury to decide.
Ahluwalia
Loss of control
Trigger - D’s fear of violence.
R v Doughty
Loss of control
Trigger - a thing said or done which caused D to have a justified sense of being wronged.
Ibrams and Gregory
Loss of Control
Non Trigger - sexual infidelity
Baillie
Loss of Control
Non Trigger - heavily pre-planned revenge.
Camplin
Standard of self control
Age and sex should be considered.
Gregson
Standard of self control
Sensitivity could not show self control
Hill
Standard of self control
The ‘normal’ person was considered to have a history of sexual abuse like the defendant.
