Voluntary Manslaughter

HideShow resource information
  • 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
1 of 12
What act governs voluntary manslaughter?
The Homicide Act 1957
2 of 12
What are the defenses of voluntary manslaughter?
Diminished responsibility and loss of control
3 of 12
What section of the Homicide Act is diminished responsibility set out under?
Section 2
4 of 12
What is diminished responsibility?
A mental/unbalanced state in which someone commits a murder due to their un-well being
5 of 12
What does a murder conviction reduce to if diminished responsibility is given?
A manslaughter conviction
6 of 12
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
7 of 12
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
8 of 12
What is a case example of diminished responsibility?
R v Byrne
9 of 12
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
10 of 12
The abnormality must provide an explanation for the D's part in the killing. What is a case example of this/
R v Tandy
11 of 12
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.
12 of 12

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
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »