Voluntary Manslaughter
Diminshed Responsibilty and Provocation
- Created by: MARYBETH
- Created on: 13-01-14 17:35
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- Voluntary Manslaughter
- D must be suffering from an abnormality of mental functioning
- a) arose from a recognised medical condition
- Alhuwalia - BWS
- Reynolds - post natal depression
- b) substantially impaired their ability to...
- 1) understand the nature of their conduct
- 2) form rational judgement
- 3) exercise self control
- c) provides an explanation for D's acts/omissions for taking part in the act
- DR and Intoxication
- Di Duca - 'a transient state of intoxication is not an abnormality of the mind
- Pre-existing medical condition and intoxication
- Dietschmann - 'mental functioning can still impair responsibility for actions whilst intoxicated
- a) arose from a recognised medical condition
- Loss Of Control
- 'provocation'
- D's who couldn't use 'provocation' can now use loss of control
- Doughty
- D's who couldn't use 'provocation' can now use loss of control
- does not have to be sudden
- 1) D must have loss of control
- 2) Qualifying Trigger
- D fears serious violence
- subjective view, genuine fear
- Things said/done that amount to that of an extremely grave character
- D fears serious violence
- Excluded Matters
- Sexual Infidelity
- Ibrams v Gregory
- Revenge
- Bailie - drugs
- Gregson - taunted about his unemplyment
- Sexual Infidelity
- modified by s.52 Coroners and Justice Act 2009
- 'provocation'
- reduces charge of murder to manslaughter
- no intent to kill/cause GBH
- D must be suffering from an abnormality of mental functioning
- Diminished Responsibility
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