Voluntary Manslaughter

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What is the definition of voluntary manslaughter?
The verdict where the defendant has a partial defence to murder when the unlawful killing was carried out when the defendent was suffering from diminished responsibility or a loss of self control.
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What are the two partial defences for murder?
Dimished responsibility and a loss of self control
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What act contains the partial defences for murder?
The Coroners and Justice Act 2009
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Is the mens rea for murder needed to be convicted of voluntary manslaughter?
Yes
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When was the partial defence of diminished responsibility introduced?
In 1957 by the Homicide Act 1957 (section 2(1)) to replace the narrow defence of insanity
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Where is diminished responsability now set out?
Section 52 of the Coroners and Justice Act 2009
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What is the effect of diminished responsibility?
A person who kills or is party to a killing of another is not to be convicted of murder if they were suffering from the abnormality of mental functioning
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What stands as an abnormality of mental functioning?
It arose from a recognised mental condition that substantially impaired the defendent's abliity to understand the nature of their conduct, or from rational judgement, or exercise self control
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Who is the burden of proof on of proving diminished responsibility?
The defendent, but they only need to prove it on the balance of proberbilities
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Give a summary of diminished responsibility
A partial defence to a charge of murder which reduces the offence to one of voluntary manslaughter under section 2 of the Homicide Act 1957 as amended by section 52 of the Coroners and Juctice Act 2009
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In what case was the defendent intoxicated with a pre-existing abnormality of mental functioning?
R v Dietschmann 2003
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What is a loss of self control?
A partial defence for murder; if successful the defendent will be found guilty of manslaughter not murder
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What former denfece was replaced by loss of self control in 2009?
Provocation
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Where is the law of loss of self control set out?
Coroners and Justice Act 2009 section 54
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What is the definition of loss of self control?
Where a person kills or is party to a killing of another is not to be convicted of murder if the killing was due to a loss of self control, that loss of self control had a qualifying trigger and that the reasonable man would have acted simular.
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What are the elements of a loss of self control
1) A loss of control, 2) there must be a qualifying trigger, 3) a person of the same sex and age would've reacted the same way
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Give a summary of a loss of self control
A partial defence to the charge of murder which reduces the offence to one of voluntary manslaughter under section 54(1) of the Coroners and Juctice Act
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What are the two triggers that a loss of self control can be attributed to?
Fear of serious violence (fear trigger) and Things said or done (anger trigger)
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What section of the Coroners and Juctice Act 2009 and the qualifying triggers set out
55
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What is the fear trigger?
The defendent's fear of serious violence from the victim or another identifyed person
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What is the anger trigger?
Things said or done which consituted circumstances of an extreamely grave character, and cause the defendent a justifiable sense of being seriously wronged
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Card 2

Front

What are the two partial defences for murder?

Back

Dimished responsibility and a loss of self control

Card 3

Front

What act contains the partial defences for murder?

Back

Preview of the front of card 3

Card 4

Front

Is the mens rea for murder needed to be convicted of voluntary manslaughter?

Back

Preview of the front of card 4

Card 5

Front

When was the partial defence of diminished responsibility introduced?

Back

Preview of the front of card 5
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