Voluntary manslaughter

AR and MR the same as murder

Special defence reduces conviction to voluntary manslaughter 

Judge has discretion over sentence - maximum of life

S.2 Homicide Act 1957 -> s.52 Coroners and Justice Act 2009

s.52 (1) a person will not be guilty of murder if he was suffering from an abnormality of mental functioning which: (a) arose from a recognised medicial condition (b) substantially impaired D's ability to; understand nature of conduct; form rational judgements; exercise self control (c) is an explanation to D's acts/ omissions

 ABNORMALITY OF MENTAL FUNCTIONING - BYRNE - state of mind so different that a reasonable man deems it abnormal

RECOGNISED MEDICAL CONDITION - Battered Wife Syndrome - HOBSON

Intoxicated? no defence - unless- would D still have abnormality of mind w/o intox? DIETSCMANN- Alcoholism - yes - STEWART - binging - no - DOWDS

Balance fo probabilities - Defendant 

Evidence is vital in raising defence - DIX

Provocation Homicide Act 1957 -> s.54- 56 Coroners and Justice Act 2009

S.54 (1) (a) loss of control - act / omission (b) qualifying trigger (c) sex + age + circumstances = reasonable man act similar

       (2) need not be a sudden loss of control

       (4) doesnt apply for revenge

S.55 (3) Fear of violence (4) things said/done, so grave, justifiable sense of being wronged (5) both  (6) (a) - not applicable for self induced DAWES (c)- not applicable for sexual infidelity - CLINTON - can be part of trigger not whole

Beyond all reasonable doubt - Prosecution