Voluntary Manslaughter

?
what section and act does diminished responsibility come under?
s2(1) Homicide act 1957
1 of 10
what is the burden of proof for voluntary manslaughter?
Balance of probabilities
2 of 10
'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'
R v Byrne
3 of 10
Alcohol dependency syndrome can be an abnormality of mental functioning
R v Wood
4 of 10
should the burden of proof be on the defendant?
No
5 of 10
What section does loss of control come under?
s54(1) of the Coroners and Justice Act 2009
6 of 10
What is standard of self control?
A person of D's sex and age with a normal degree of tolerance and self restraint
7 of 10
R v Clinton
sexual infidelity alone cannot amount to a qualifying trigger for the defence of the loss of control
8 of 10
whats an issue with fear of serious violence?
very high threshold for the defence to be available
9 of 10
R v Dawes
Where D has incited the violence, D cannot rely on the qualifying trigger of fear of violence
10 of 10

Other cards in this set

Card 2

Front

what is the burden of proof for voluntary manslaughter?

Back

Balance of probabilities

Card 3

Front

'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'

Back

Preview of the front of card 3

Card 4

Front

Alcohol dependency syndrome can be an abnormality of mental functioning

Back

Preview of the front of card 4

Card 5

Front

should the burden of proof be on the defendant?

Back

Preview of the front of card 5
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