Involuntary and Voluntary Manslaughter

Strands and quotes/cases for involuntary and voluntary manslaughter

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  • Created by: Jasmine
  • Created on: 19-01-12 19:54

Involuntary Manslaughter

Involuntary Manslaughter: Gross Negligence and Unlawful Act

Definition: The unlawful killing of a human being under the queens peace without malice aforethought

Unlawful Act: Larkin 1943

There must be an unlawful act (clearly an act and not an omission as in Khan and Khan)

Which must be objectively dangerous- Church "all sober and reasonable people would foresee the risk of some harm albeit not serious"

Which must cause the death or give rise to death

The defendant must have the mens rea for the unlawful act- The defendant does not have to foresee any harm, only have the mens rea for the unlawful act (Newbury and Jones)

Gross Negligence: Adomako 1994

There must be a duty of care- Stone and Dobinson

Which must be breached- Wacker

Which must cause the death or give rise to death

The jury must consider the negligence to be 'gross' and 'criminal'- Bateman "shows such a disregard for life and safety as to amount to a crime" (Edwards)

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Voluntary Manslaughter

Voluntary Manslaughter: Diminished Reponsibilty and Loss of Control

Diminished Responsibilty: S.2 Homicide Act 1957 and S.52 Coroners and Justice Act 2009

There must be malice aforethought

The defendant must have an abnormality of mental functioning-Bryne "a mind so different from that of an ordinary human being that the reasonable man would term it abnormal"

Which arose from a recognised medical condition- Extreme jealousy (Miller) Battered woman's syndrome (Ahluwalia) Paranoria (Martin)

Which substantially impairs the defendant's ability to a) form a rational judgement b) exercise self-control c) understand the nature and quality of their conduct

Which must provide an explanation for the killing

Loss of Control: S.4 Homicide Act 1957 and S.54 Coroners and Justice Act 2009

Defendant must suffer a loss of control- can be a slow burn effect, no longer has to be sudden and temporary

As a result of a qualifying trigger which a) made the defendant fear serious violence b) as a result of things said or done which caused the defendant to feel a justifiable sense of being seriously wronged c) both

Would a person of the same age, sex, and self-restraint and tolerance as the defendant acted in the same or similar way to the defendant in the circumstances?

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why cant i read the whole thing!

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