Unit 3 - Voluntary Manslaughter
- Created by: Georgia
- Created on: 22-03-16 16:55
There are 3 special defences to a charge of murder;
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Diminished Responsibility - Homicide Act 1957
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Loss of Control - Coroners and Justice Act 2009
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Suicide Pact - Homicide Act 1957
They are partial defences meaning that if one of these defences is successful then the offence of murder is reduced to manslaughter.
Diminished Responsibility
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Set out in the s 2(1) Homicide Act as amended by the Coroners and Justice Act 2009. The effect of this section is;
A person who kills or is a party to the killing of another is not to be convicted or murder if he was suffering from an abnormality of mental functioning which;
a) Arose from a recognised medical condition
b) Substantially impaired D's ability to:
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Understand the nature of his conduct; or
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Form a rational judgement; or
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Exercise self-control and
c) Provide an explanation for D's acts and omissions in doing or being a party to the killing
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The burden of proof is on the defendant, but D need only prove it on the balance of probabilities
Abnormality of mental functioning - Recognised Medical condition
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The Coroners and Justice Act 2009 amended the definition of diminished responsibility. The phrase was 'abnormality of mind'.
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In Byrne (1960) - The Court of Appeal described this as 'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'.
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The defendant was a sexual psychopath who strangled and mutilated a woman. Medical evidence was that his abnormality of mind meant he was unable to control his pervert desires. Convicted of manslaughter.
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The test created for abnormality of mental functioning - D's mental functioning was so different from that of an ordinary human being that the reasonable man would term it abnormal and it must arise from a 'recognised medical condition'
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This includes; psychological and physical conditions, mental disorder, depressive illness, paranoia, battered woman syndrome, epilepsy, sleep disorders or diabetes.
Abnormality off mental functioning - Substantial impairment
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The abnormality must substantially impair the D mental responsibility for his acts or omissions in doing or being a party to the killing
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D's ability to do one of 3 things must be substantially impaired
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To understand the nature of his conduct
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D is an automatic state and doesn't know what he is doing
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D suffers from delusions e.g. Thinks that he is killing the devil but is actually killing someone
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D has sever learning difficulties/very low mental age so he doesn't understand what they are doing
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To form a rational judgement
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D does not know the nature of his conduct
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D suffers from paranoia or schizophrenia
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Battered women's syndrome
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To exercise self control
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Byrne 1960
Provides an explanation for D's conduct
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D has to prove that the abnormality of mental functioning provides an explanation for his acts (or omissions)
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There has to be a casual connection between the abnormality of mental functioning and the killing
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It must be a significant factor in the killing
Intoxication…
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