voluntary manslaughter Flashcards
(22 cards)
what act and section does diminished responsibility come under?
S52 coroners and justice act 2009
DR - what are the 4 things that are required for diminished responsibility?
- must have abnormality of mental functioning
- must have recognised medical condition
- which substantially impairs
- therefore provided explanation for D’s actions
DR - case for abnormality of mental functioning?
R v Byrne
DR - case for recognised medical condition?
R v Gittens (depression)
DR - what is the rule with medical expert evidence
where 2 doctors agree that there is a recognised medical condition
DR - case for substantial impairment?
R v Lloyd
DR - what does substantial impairment have to be more than?
trivial impairment
DR - what must substantial impairment make the defendant unable to do?
- understand the nature of their act
- form a rational judgement
- exercise self control
DR - what must there be to prove an explanation for D’s act/omission?
significant causal link between mental functioning and the conduct that resulted in death but it doesn’t have to be the only one
what act and section does loss of control come under?
s54 coroners and justice act 2009
LOC - what kind of defence is loss of control?
partial defence to murder and reduces charge from murder to voluntary manslaughter
LOC - how do you test for loss of control?
3 part test
LOC - what are the 3 stages to the test?
- the defendant must lose control
- because of a qualifying trigger
- a person of their sex and age, with a normal degree of tolerance, might have reacted in the same way
LOC - what sections and cases apply to, 1. the defendant must lose control?
R v Jewell
s54(1)(b) - a partial loss is not sufficient
s54(2) - the loss of control does not need to be sudden
LOC - what are the measures of loss of control?
- where D lost their ability to maintain their action in accordance with considered judgement
- where D lost normal powers of reasoning
- where D’s behaviour was very out of character and normally wouldn’t have acted in this way
LOC - what 2 sections apply to a qualifying trigger?
s55 CJA
- s55(3) the fear trigger
- s55(4) ‘things said or done (anger)’ trigger
LOC - explain s55(4) thing said or done trigger
- constitutes circumstance of an extremely grave character
- caused D to have justified sense of being seriously wronged (R v Bower)
LOC - what section and case explain the normal degree of tolerance?
s54(1)(c)
R v Camplin
LOC - principle from s54(4)?
revenge is not a qualifying trigger
DR - principle from Brennan?
2 medical professionals must agree that the defendant has a recognised medical condition then the murder discussion is withdrawn from jury
DR - principle from wood?
acute voluntary intoxication is not a recognised medical condition
LOC - rule on sexual infidelity?
sexual infidelity is not a qualifying trigger
