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Page 2

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Chapter 2

Voluntary
manslaughter
There are three special defences to a charge of murder. These are where the
killing occurs when the defendant is under:
· diminished responsibility;
· loss of control; or
· a suicide pact.
Diminished responsibility and suicide are set out in the Homicide Act 1957. Loss…

Page 3

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Page 4

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28 AQA Law for A2

2.1 Diminished responsibility
This defence was introduced by the Homicide Act 1957. It did not exist in English law until then. Before 1957 if a
person with mental problems killed, then their only defence was insanity. The test for insanity is a very narrow one…

Page 5

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mental disorder. These can be wide ranging and include depressive illness, paranoia or Battered Women's
Syndrome. It also covers any physical condition which affects mental functioning such as epilepsy, sleep disorders
or diabetes.
There must be medical evidence given at the trial of an abnormality of mental functioning arising from…

Page 6

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Voluntary manslaughter 29

Page 7

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In Lloyd (1967) it was held that substantial does not mean total, nor does it mean trivial or minimal. It is
something in between and it is for the jury to decide if the defendant's mental responsibility is impaired and, if so,
whether it is substantially impaired. However, as it…

Page 8

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This is a new principle of diminished responsibility introduced by the amendments made by the Coroners and
Justice Act 2009. There must now be some causal connection between its
ability to form a rational judgement as to whether an act is right or wrong, but also the ability to
exercise…

Page 9

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Page 10

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30 AQA Law for A2
D's abnormality of mental functioning and the killing.
Section 1B of the Homicide Act 1957 explains this principle further as it states: "
`...an abnormality of mental functioning provides an explanation D's conduct if it causes or is a
for
significant contributory factor in causing,…

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Pages in this set

Page 1

Preview of page 1

Page 2

Preview of page 2
Chapter 2

Voluntary
manslaughter
There are three special defences to a charge of murder. These are where the
killing occurs when the defendant is under:
· diminished responsibility;
· loss of control; or
· a suicide pact.
Diminished responsibility and suicide are set out in the Homicide Act 1957. Loss…

Page 3

Preview of page 3

Page 4

Preview of page 4
28 AQA Law for A2

2.1 Diminished responsibility
This defence was introduced by the Homicide Act 1957. It did not exist in English law until then. Before 1957 if a
person with mental problems killed, then their only defence was insanity. The test for insanity is a very narrow one…

Page 5

Preview of page 5
mental disorder. These can be wide ranging and include depressive illness, paranoia or Battered Women's
Syndrome. It also covers any physical condition which affects mental functioning such as epilepsy, sleep disorders
or diabetes.
There must be medical evidence given at the trial of an abnormality of mental functioning arising from…

Page 6

Preview of page 6
Voluntary manslaughter 29

Page 7

Preview of page 7
In Lloyd (1967) it was held that substantial does not mean total, nor does it mean trivial or minimal. It is
something in between and it is for the jury to decide if the defendant's mental responsibility is impaired and, if so,
whether it is substantially impaired. However, as it…

Page 8

Preview of page 8
This is a new principle of diminished responsibility introduced by the amendments made by the Coroners and
Justice Act 2009. There must now be some causal connection between its
ability to form a rational judgement as to whether an act is right or wrong, but also the ability to
exercise…

Page 9

Preview of page 9

Page 10

Preview of page 10
30 AQA Law for A2
D's abnormality of mental functioning and the killing.
Section 1B of the Homicide Act 1957 explains this principle further as it states: "
`...an abnormality of mental functioning provides an explanation D's conduct if it causes or is a
for
significant contributory factor in causing,…

Comments

No comments have yet been made