Voluntary Manslaughter

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  • Created by: 10dhall
  • Created on: 06-01-17 11:52
What is voluntary manslaughter?
Killing someone without prior intent under circumstances that would cause someone to be emotionally/mentally disturbed
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What act governs voluntary manslaughter?
The Homicide Act 1957
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What are the defenses of voluntary manslaughter?
Diminished responsibility and loss of control
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What section of the Homicide Act is diminished responsibility set out under?
Section 2
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What is diminished responsibility?
A mental/unbalanced state in which someone commits a murder due to their un-well being
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What does a murder conviction reduce to if diminished responsibility is given?
A manslaughter conviction
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What does a person need to show to gain this defense?
An abnormality of mental functioning (a mental illness diagnosed by two doctors), which explains the appellants actions
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What does the mental problem need to do to the person?
Impair their mental ability to; understand the nature of their conduct, form a rational judgement or exersise self control
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What is a case example of diminished responsibility?
R v Byrne
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What happened in R v Byrne?
The appellant murdered a young girl and mutilated her body due to irresistible impulses because of his abnormality of mind
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The abnormality must provide an explanation for the D's part in the killing. What is a case example of this/
R v Tandy
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What happened in R v Tandy?
The appellant killed her daughter after finding out her partner was sexually abusing her. She got DR because of chronic alcoholism.
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Other cards in this set

Card 2

Front

What act governs voluntary manslaughter?

Back

The Homicide Act 1957

Card 3

Front

What are the defenses of voluntary manslaughter?

Back

Preview of the front of card 3

Card 4

Front

What section of the Homicide Act is diminished responsibility set out under?

Back

Preview of the front of card 4

Card 5

Front

What is diminished responsibility?

Back

Preview of the front of card 5
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