Manslaughter 3
- Created by: Alex.Byrne
- Created on: 24-05-18 19:47
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- Manslaughter 3
- Loss of Control
- Main reforms:
- If the fear of violence or things said and done were incited by D, they are to be disregarded
- Trigger must relate to either..
- From things said or done by the deceased
- 2 requirements to be satisfied where the trigger is through things said or done:
- 2. Circmstances must have caused D to have a justifiable sense of being wronged
- 1. Circumstances must be of an extremely grave character
- Sexual infidelity will not count
- No requirement the loss of the control need be sudden
- Loss of Self Control
- Outcome for successful plea is manslaughter
- Age and sex- cannot expect an old head on young shoulders, women may react differently to being called a whore
- Accused is expected not to kill in a sadistic way, but a "normal" way
- Circumstance of D refer to all circumstance of D other than those whose only relevance is that they bear on D's capacity for tolerance and self-control
- Burden of proof on prosecution- must disprove the defence beyond reasonable doubt
- No longer need be sudden
- Qualifying Triggers
- 2. D's loss of self-control attributable to a things said or done or both which...
- OR
- 1. D's loss of control is attributable to "fear of serious violence from victim against D or another identified person"
- Constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
- OR
- 1. D's loss of control is attributable to "fear of serious violence from victim against D or another identified person"
- Or both 1 and 2..
- 3. Sexual fidelity and loss of control
- Cannot be relied upon on its own as a trigger, but its existence does not prevent reliance on the defence where other triggers exist
- Maybe taken into account in assessing other things done or said that amounted circumstance of an extremely grave character and gave D a justifiable sense of being wronged
- Limitations to qualifying triggers:
- Two further limits to classify what may be classed as a qualifying trigger:
- The fact that a thing said or done constituted sexual infidelity is to be disregarded
- A person may not raise a qualifying trigger is they incited the thing done or said or the violence
- Two further limits to classify what may be classed as a qualifying trigger:
- 2. D's loss of self-control attributable to a things said or done or both which...
- Main reforms:
- Abnormality of Mental Functioning
- Substantially impaired D's ability to one of three:
- 1. Understand the nature of his conduct
- 2. Form a rational judgement
- 3. Exercise self-control
- "Provides an explanation" for the accused's conduct in killing or being a party to the killing
- Abnormalities:
- Pre-menstrual Tension
- Epilepsy
- Battered Woman Syndrome
- Chronic Depression
- Jealousy
- Substantially impaired D's ability to one of three:
- Loss of Control
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