Case Studies: Manslaughter 2

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  • Case Studies: Manslaughter 2
    • Abnormalities
      • Impairment
        • Impairment must be substantial
        • R v Campbell (1987)
          • She hit him in the eye and he punched her throat and strangled her. Eventually killed her by hitting her with his hockey stick in the throat
          • Appellant killed hitchhiker when she refused his sexual advances towards her
          • Appellant had frontal lobe damage and epilsepsy
          • Conviction for murder was quashed and retrial ordered
          • Evidence was admissible as defence had not been advanced at trial due to lack in medical knowledge rather than for tactical reasons
      • Other abnormalities:
        • Epilepsy
          • R v Campbell
        • Chronic Depression
          • R v Gittens (1984)
            • Held: murder convictions substituted with manslaughter on grounds of diminished responsibility
            • Jury convicted or murder on both accounts, D appealed
        • Pre-Menstrual Tension
          • R v Smith (1982)
        • Jealousy
          • R v Miller (1972)
        • Battered Woman Syndrome
          • R v Hobson (1997)
    • Qualifying trigger
      • Sexual Fidelity and loss of control
        • R v Clinton
          • She confessed- sex with 5 men
          • According to appellant, on night of killing, V had returned to family home. Appellant previously confirmed Mrs Clinton had been unfaithful
          • "walls closed in, she was talking but could not hear what she was saying, wanted everything to stop"
          • Appellant was husband of V. Two weeks before, V left D. Appellant had history of depression
          • V said D 'didn't have the ********' to commit suicide after finding page on laptop.
          • Appellant beat victim around the head with wooden baton, strangled her with belt and tied rope around her neck. Died from head injury and asphyxia
          • Appellant found in loft with noose around neck
          • After he killed her, he removed her clothes, posed her and sent images to the man she was having a relationship with
          • Murder trial, pleaded guilty to manslaughter on grounds of loss of control and diminished responsibility
          • Held: murder conviction quashed and retrial ordered

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