Voluntary Manslaughter

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  • Created by: Edward
  • Created on: 18-02-16 10:31
Duffy (1949)
old common law position re provocation was that the loss of control must have been sudden and temporary
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Ibrams (1981)
the old common law position re provocation was consistent with this, which precluded the defence of provocation where the def had planned an attack out of revenge
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Zebedee (2013)
where the def killed his elderly father because of his frustration with his dementia, this was seen by the jury to not constitute circumstances that were extremely grave in character
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Clinton (2012)
however, sexual infidelity could not be disregarded where it is integral to and forms an essential part of the context in evaluating whether other triggers qualify
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Davies (1975)
the provoking act re provocation could come from a 3rd party
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Camplin (1978)
old common law test: the def’s sex and age could be taken into account in assessing whether the reasonable man would have acted the way the def did
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Smith (Morgan James) (2001)
view changed to allow all circumstances and characteristics of the def to be taken into account- wholly subj test
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Holley (2005)
view reverted back to obj test with subj element in Camplin
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Asmelash (2013)
voluntary intoxication is not a characteristic which is relevant to the level of control to be expected of the def
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McCarthy (1954)
old common law position: the reasonable man is not drunk
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Byrne (1960)
The defence covered the mind’s activities in all its aspects and the ability to control one’s physical acts – wide definition
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Janiszewski (2012)
PTSD is an abnormality of mind
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Spencer (2013)
Asperger’s Syndrome is an abnormality
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Dowds (2012)
Alcoholism or alcohol dependency is an abnormality
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Seers (1984)
Old common law: depression is an abnormality
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Campbell (1997)
Old common law: epilepsy is an abnormality
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Byrne (1960)
Old common law: psychopathy is an abnormality
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Erskine (2009)
Old common law: schizophrenia is an abnormality
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Brown (2012)
The impairment need only be more than minimal
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Ramchurn (2010)
The impairment need not extinguish the def’s mental responsibility
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Dianne Pretty (2001)
It is an offence to encourage or assist suicide
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Nicklinson (2013)
Neither common law defence of nec nor art 8 of ECHR can provide exception to offence of encouraging or assisting suicide
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Other cards in this set

Card 2

Front

the old common law position re provocation was consistent with this, which precluded the defence of provocation where the def had planned an attack out of revenge

Back

Ibrams (1981)

Card 3

Front

where the def killed his elderly father because of his frustration with his dementia, this was seen by the jury to not constitute circumstances that were extremely grave in character

Back

Preview of the back of card 3

Card 4

Front

however, sexual infidelity could not be disregarded where it is integral to and forms an essential part of the context in evaluating whether other triggers qualify

Back

Preview of the back of card 4

Card 5

Front

the provoking act re provocation could come from a 3rd party

Back

Preview of the back of card 5
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