homicide - voluntary manslaughter

Question 1

structure to answering a problem question on homicide

Answer 1

1. Did the defendant cause the death of the victim?
2. If so, does the defendant have mens rea of murder?
3. If yes, can the defendant rely on a general defence, Or the defence of loss of control, Or diminished responsibility
4. If no (no mens rea), is the defendant guilty of reckless, constructive, or gross negligence manslaughter

Question 2

Which homicide category involves a “partial defence” reducing murder to manslaughter?

Answer 2

Voluntary manslaughter (e.g., loss of control, diminished responsibility).

Question 3

What are the three requirements for the loss of control defence? (Coroners and Justice Act 2009, s.54)

Answer 3

1. D lost self-control (subjective test).
2. Due to a qualifying trigger (fear of violence/extreme provocation).
3. A person of D’s age/sex with normal tolerance would react similarly (objective test).

Question 4

Can loss of control apply if the defendant acted out of revenge?

Answer 4

No – s.54(4) excludes “considered desire for revenge.”

Question 5

What are the three qualifying triggers under s.55?

Answer 5

• Fear of serious violence (to D or another).
• Extremely grave circumstances + justifiable sense of being wronged.
• Combination of both.

Question 6

Does sexual infidelity count as a qualifying trigger?

Answer 6

1. No – s.55(6)(c) explicitly excludes it (R v Clinton).

Question 7

R v Dawes (2013) – What did it clarify about loss of control?

Answer 7

The loss of control need not be sudden (s.54(2)), but revenge motives disqualify the defence.

Question 8

R v Rejmanski (2017) – How did it address mental conditions?

Answer 8

Mental conditions can inform whether D had a “justifiable sense of being wronged” but cannot lower the standard for tolerance/self-restraint.

Question 9

What must a defendant prove for diminished responsibility?

Answer 9

1. Abnormality of mental functioning (recognised medical condition).
2. Substantially impaired understanding/judgment/self-control (Golds [2016]).
3. Provides an explanation for the killing.

Question 10

Can voluntary intoxication alone support diminished responsibility?

Answer 10

No (R v Dowds [2012]).

Question 11

What are the three elements of constructive manslaughter?

Answer 11

• An unlawful act (e.g., assault).
• The act was dangerous (reasonable person would foresee harm, Church [1966]).
• The act caused death.

the unlawful act does not need to be directed at the victim (R v Goodfellow [1986])

Question 12

What are the four elements of gross negligence manslaughter?

Answer 12

1. Duty of care (e.g., doctor-patient).
2. Breach of that duty.
3. Gross negligence (conduct so bad it’s criminal, Adomako [1995]).
4. Causes death.