Voluntary Manslaughter AO1

all orange boxes are cases and green are examples..

this is only facts, no AO2 (discussion/reform)

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  • Voluntary Manslaughter
    • Diminished Responsibility AO1
      • D suffers from ABNORMALITY OF MENTAL FUNCTIONING
        • Byrne 1960- 'state of mind so different from that of ordinary human beings that the reasonable man would term in abnormal'
      • mental abnormality arose from a RECOGNISED MEDICAL CONDITION
        • medical evidence must be given
          • Ahluwalia 1993- Battered wife syndrome
          • Reynolds 1988- pre-menstrual tension
          • Jama 2004- asperges
          • Vinagre 1964- unfounded jelousy
      • this SUBSTANTIALLY IMPAIRED D'S ABILITY TO:
        • understand the nature of his conduct
          • paranoia
          • schizophrenia
          • battered wife syndrome
        • form a rational judgement
          • automatic state
          • dellusions
          • mental age is so low
        • exercise self-control
          • Byrne 1960
      • Provides explanation for D's acts & omissions in being party to a killing
        • causal link
    • Loss Of Control AO1
      • Does NOT have to be sudden
        • section 54 (1)(a) Coroners and Justice Act
          • Ahluwalia 1992
          • Thornton 1992
      • Qualifying Trigger
        • QT1 - section 55(3)
          • D's fear of serious violence comes from D - against V or any other person
            • Clegg
            • Pearson
        • QT 2- section 55(4)
          • Things said or done (a) with extremely grave character OR (b) feels they have been seriously wronged
            • Doughty 1986
        • Both triggers- section 55(5)
          • Humpreys 1995
        • Self Inflicted triggers CANNOT be relied upon- section 55(6)(a) AND section 55(6)(b)
          • Johnson 1989
        • Sexual infidelity CANNOT be relied upon - section 55(6)(c)
          • Clinton 2011
      • A normal person of D's AGE and SEX would do the same
        • section 54(1)(c)
          • normal degree of tolerence
            • Morhall 1996
            • Gregson 2006
            • Hill 2008
          • jury decide if they would act in a similar way
            • Clarke 1991
            • Von Dongen 2005
            • Clinton 2012
    • Murder AO1
      • mens rea- 'with malice aforethought'
      • actus reus- 'unlawfully killing a human being under the Queen's Peace'
        • human being- a fetus expelled from the body and has taken it;s first breath
        • malice can be transferred
          • Latimer 1886
        • Queens peace- protection from  the monarch

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