Manslaughter

Question 1

Gregson?

Answer 1

stage 1 loss of control
when assessing whether D has lost their control you are allowed to take into account their circumstances

Question 2

S54 Coroners and Justice Act 2009

Answer 2

loss of control

Question 3

s54 (2) c + j act 2009

Answer 3

loss of control doesn’t have to be sudden
stage 1
longer delay= less likely get defence

Question 4

Pearson?

Answer 4

fear of serious violence trigger
D have genuine fear but violence need not be directed at D

Question 5

s55 c + j act?

Answer 5

stage 2 loss of control, qualifying trigger

Question 6

Hatter ?

Answer 6

anger trigger, fully objective test, 3 stages
1) things said or done
2) grave circumstances
3) justifiable sense of being wronged

Question 7

Clinton?

Answer 7

sexual infidelity alone cannot be the things said or done, must have smother provoking factor

Question 8

+ Holley?

Answer 8

stage 3 loss of control
person of same age and gender and same degree of tolerance

Question 9

s54 (3) c+ j act 2009?

Answer 9

stage 3 loss of control

Question 10

Evans?

Answer 10

stage 3 loss of control
defence cannot be successful in desire for revenge

Question 11

s52 coroners and justice act 2009?

Answer 11

diminished responsibility

Question 12

Byrne?

Answer 12

stage 1 diminished
abnormality if mental functioning is a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal

Question 13

Hobson?

Answer 13

battered wives syndrome

Question 14

Campbell?

Answer 14

epilepsy

Question 15

Seers?

Answer 15

chronic depression

Question 16

smith?

Answer 16

pre menstrual tension

Question 17

stewart?

Answer 17

alcohol/drug dependency syndrome

Question 18

martin?

Answer 18

paranoia/ personality disorder

Question 19

byrne (medical condition)?

Answer 19

irresistible impulses

Question 20

golds?

Answer 20

abnormality has to be weighty not trivial

Question 21

section 2 (1B) (Amended) Homicide Act 1957?

Answer 21

stage 3 diminished
abnormality must be a significant contributory factor in causing D to carry out killing

Question 22

Dietschmann?

Answer 22

if D has an abnormality and was intoxicated, jury must ignore the drinking and consider the abnormality alone

Question 23

Franklin?

Answer 23

unlawful act must be a crime not a civil wrong
stage 1 unlawful act manslaughter

Question 24

khan and khan?

Answer 24

unlawful act must be a positive act not an omission
stage 1 unlawful act manslaughter

Question 25

mitchell?

Answer 25

unlawful act can be an indirect act side rule to stage 1 unlawful act manslaughter

Question 26

Church? (stage 2 of unlawful act manslaughter)

Answer 26

would a reasonable person observing the act see a risk of harm

Question 27

DPP v Newbury & Jones

Answer 27

stage 2 unlawful act manslaughter would a danger be obvious to any sober and reasonable person

Question 28

Goodfellow?

Answer 28

stage 4 unlawful act manslaughter D must have intended the lesser unlawful act, recklessness is not enough

Question 29

Adamako?

Answer 29

established a 4 stage test for gross negligence Lord Mackay - ordinary principles of negligence apply

Question 30

Wacker?

Answer 30

side rule to s1 gross negligence- joint enterprise if D and V are jointly engaged in a crime they owe each other a duty of care

Question 31

Misra?

Answer 31

stage 3 gross negligence D can only be liable if a risk of death was foreseeable to a reasonable person

Question 32

Bateman?

Answer 32

stage 4 gross negligence a breach is gross if D showed a total disregard for the life and safety of others and it is so bad it ought to be a crime