Voluntary Manslaughter
- 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
- Justifiable sense of being seriously wronged
- 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
- Constituted an extremely grave nature
- Fear of serious violence
- Diminished Responsibility
- Stems from recognised mental condition
- Impairs ability
- Provides an explanation for the killing
- Significant contributory factor
- Lloyd - more than trivial
- Significant contributory factor
- To understand nature of conduct
- To form rational judgement
- To control himself
- To form rational judgement
- Provides an explanation for the killing
- Expert opinion
- Does not include immaturity in under 18';s
- Impairs ability
- Stems from recognised mental condition
- Loss of Self Control
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