Manslaughter 3

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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
        • 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
    • 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

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