Voluntary Manslaughter AO1
all orange boxes are cases and green are examples..
this is only facts, no AO2 (discussion/reform)
- Created by: lily dunning
- Created on: 22-04-14 15:22
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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
- medical evidence must be given
- 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
- understand the nature of his conduct
- Provides explanation for D's acts & omissions in being party to a killing
- causal link
- D suffers from ABNORMALITY OF MENTAL FUNCTIONING
- Loss Of Control AO1
- Does NOT have to be sudden
- section 54 (1)(a) Coroners and Justice Act
- Ahluwalia 1992
- Thornton 1992
- section 54 (1)(a) Coroners and Justice Act
- Qualifying Trigger
- QT1 - section 55(3)
- D's fear of serious violence comes from D - against V or any other person
- Clegg
- Pearson
- D's fear of serious violence comes from D - against V or any other person
- QT 2- section 55(4)
- Things said or done (a) with extremely grave character OR (b) feels they have been seriously wronged
- Doughty 1986
- Things said or done (a) with extremely grave character OR (b) feels they have been seriously wronged
- 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
- QT1 - section 55(3)
- 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
- normal degree of tolerence
- section 54(1)(c)
- Does NOT have to be sudden
- 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
- Diminished Responsibility AO1
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