Case Studies: Manslaughter 2
- Created by: Alex.Byrne
- Created on: 27-05-18 12:34
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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
- R v Gittens (1984)
- Pre-Menstrual Tension
- R v Smith (1982)
- Jealousy
- R v Miller (1972)
- Battered Woman Syndrome
- R v Hobson (1997)
- Epilepsy
- Impairment
- 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
- R v Clinton
- Sexual Fidelity and loss of control
- Abnormalities
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