Voluntary Manslaughter

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  • Created by: Launston
  • Created on: 13-05-14 12:57
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  • Voluntary Manslaughter
    • Loss of Self Control
      • Only applies to murder
      • Replaced provocation as the suddenness requirement did not account for abused women
      • Qualifying triggers
        • Fear of serious violence
          • Subjective
        • Cannot be considered desire for revenge
        • Things said or done
          • Constituted an extremely grave nature
            • Justifiable sense of being seriously wronged
              • Objective test to exclude racist killings
          • Do not have to be said by victim or to defendant
            • Davis
          • No defence if nothing is said but can be a defence if they were misheard
    • Diminished Responsibility
      • Stems from recognised mental condition
        • Impairs ability
          • Provides an explanation for the killing
            • Significant contributory factor
              • Lloyd - more than trivial
          • To understand nature of conduct
            • To form rational judgement
              • To control himself
        • Expert opinion
          • Does not include immaturity in under 18';s


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