CRIMINAL - FATAL OFFENCES - VOLUNTARY MANSLAUGHTER

Question 1

DIMINISHED RESPONSIBILITY

Answer 1

s2(1) Homicide Act 1957, AS AMENDED BY s52 Coroners and Justice Act 2009. Burden of proof is on the defendant, balance of probabilities.

Question 2

DIMINISHED RESPONSIBILITY REQUIREMENTS

Answer 2

• AROSE FROM A RECOGNISED MEDICAL CONDITION = Recognised by WHO - Hobson 1998 (Battered woman’s syndrome)
• SUBSTANTIALLY IMPAIRED DEFENDANT’S ABILITY = Substantial isn’t total (R v Lloyd) but more than trivial (R v Seers)
• TO UNDERSTAND THE NATURE OF HIS CONDUCT, TO FORM A RATIONAL JUDGEMENT, TO EXERCISE SELF-CONTROL - s2(1a) of the Homicide Act, R v Byrne for self control. s2(1b) Homicide Act, must be a causal connection between mental functioning and the killing.

Question 3

DIMINISHED RESPONSIBILITY REQUIREMENTS - KEYWORDS

Answer 3

• RECOGNIZED MEDICAL CONDITION (Hobson, battered)
• IMPAIRED ABILITY (Not totally Lloyd, but over trivial Seers)
• CONDUCT, JUDGEMENT, SELF CONTROL (s2 Homicide Act, Byrne)

Question 4

RECOGNISED MEDICAL CONDITION CASE

Answer 4

Diminished responsibility - Hobson (Battered Woman’s Syndrome)

Question 5

SUBSTANTIAL IMPAIRMENT CASE

Answer 5

Diminished responsibility
R v Lloyd (Not total)
R v Seers (More than trivial)

Question 6

UNDERSTAND CONDUCT, JUDGEMENT, SELF-CONTROL ACT

Answer 6

Diminished responsibility
s2(1a) Homicide Act
R v Byrne (self control)

Question 7

INTOXICATION FOR DIMINISHED RESPONSIBILITY

Answer 7

Intoxication cannot be diminished responsibility (Di Duca 1959), but Alcohol Dependency Syndrome can (Wood 2008)

Question 8

LOSS OF CONTROL

Answer 8

s54-56 Coroners and Justice Act 2009.
QUALIFYING TRIGGER = s55. Fear of serious violence from V against D or another identified person, OR things said or done which constituted circumstances of an extremely grave character and D had a justifiable sense of being wronged (subjective). RULED OUT = Incitement, revenge, sexual infidelity (R v Clinton 2012)
REASONABLE PERSON = Same age, gender (Holley 2005) and circumstances (R v Hill) would’ve acted in the same way.
NEED NOT BE SUDDEN, overturns R v Duffy 1949

Question 9

LOSS OF CONTROL - KEYWORDS

Answer 9

TRIGGER - Fear of violence, or grave character + justified sense of being wronged. s55 + No infidelity (R v Clinton)
REASONABLE PERSON SAME WAY = Age, gender (Holley), circumstances (Hill)
NOT SUDDEN, overturns Duffy

Question 10

QUALIFYING TRIGGER CASE

Answer 10

Loss of control
s55 Coroner’s and Justice Act
R v Clinton (NOT sexual infidelity)

Question 11

REASONABLE PERSON CASE

Answer 11

Loss of control
R v Holley (Same age + gender)
R v Hill (Same circumstances)

Question 12

DOESN’T NEED TO BE SUDDEN

Answer 12

Loss of control
Overturns Duffy

Question 13

OLD LAW OF PROVOCATION

Answer 13

s3 Homicide Act 1957

Question 14

S