Voluntary Manslaughter

Diminshed Responsibilty and Provocation

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  • 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
    • Loss Of Control
      • 'provocation'
        • D's who couldn't use 'provocation' can now use loss of control
          • Doughty
      • 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
      • Excluded Matters
        • Sexual Infidelity
          • Ibrams v Gregory
        • Revenge
          • Bailie - drugs
          • Gregson - taunted about his unemplyment
      • modified by s.52 Coroners and Justice Act 2009
    • reduces charge of murder to manslaughter
    • no intent to kill/cause GBH
  • Diminished Responsibility

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