Voluntary Manslaughter Case Cards

Diminished Responsibility - Byrne

D was a sexual psychopath who strangled a young woman and then mutilated her body. Medical evidence showed that because of his condition, he was unable to control his desires. Convicted of murder, but quashed in CofA to manslaughter.

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Diminished Responsibility - Dowds

D and his girlfriend V, were heavy binge drinkers. Drunken D stabbed V 60 times killing her. D was convicted of murder. He appealed on the ground that his state of intoxication should have provided a defence for diminished responsibility. Appeal fail

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Diminished Responsibility - Dietschmann

D was upset that V was being disrespectful to the memory of D's aunt who died. D killed V. Psychiatrists said D was suffering from depression from his aunts death. He was also drunk at the time. Convicted and appealed HofL allowed appeal

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Diminished Responsibility - Tandy

Mrs Tandy was an alcoholic (usually drank cinzano). 1 day she drank a whole bottle of vodka. That evening she told her mum that her husband had sex with her 11 year old daughter. She killed her daughter. Convicted she was not suffering an abnormality

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Diminished Responsibility - Wood

D drank heavily, went to Vs flat. D claimed he fell asleep and woke up by V performing oral sex. D hit V killing him. At trial medical experts agreed the D was suffering an alcohol dependency. D convicted, appealed and it was quashed.

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Loss of Control - Ahluwalia (1992) Old law didn't allow loss of control if it wasn't sudden.

D was physically abused over many years by her husband. 1 night her husband threatened her with violence the next day unless she paid a bill. While he was asleep she poured petrol over him and set him alight. Convicted and appealed allowed diminished

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Loss of Control - Martin (Anthony) (2002) Old law didn't allow fear of violence.

2 burgers enter Ds house, noise wakes him. He fired three shots into the dark, killed 1 burglar. Convicted, reduced to manslaughter as he was suffering from diminished responsibility. Old law didnt allow fear of violence

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Loss of Control - Doughty (1986) Old law allowed provocation.

D killed his 19 day old baby who would not stop crying. Convicted but CofA quashed it because it should be left to the jury to decide if the crying was provocation by 'things done' This would now be unlikely to be able such a defence.

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Loss of Control - Zebedee (2012)

D lost control when his 94yr old father suffering from Alzheimer's was incontinent, repeatedly soiling himself. D killed his dad. He put forward the defence of loss of control, but was convicted of murder. D not justifiable sense of being wronged

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Loss of Control - Clinton (2012)

D suffering from depression and on medication. Killed his wife after she said the day before she was having an affair and taunted him for looking at suicide sites. Convicted but appealed on basis of loss of control, CofA agreed and quashed conviction

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Loss of Control - Ibrams and Gregory (1981) In provocation had to be a sudden loss of control not revenge

ex-boyfriend of gregory terrorised the defendants. They called the police but the police did nothing. 3 days later they plotted to attack the ex, carried out plan 2 days later killing him. Conviction upheld as gap of 5 days meant LofC not sudden.

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Loss of Control - Baillie (1995) Old law if there was a sudden loss of control provocation was allowed, even if there were elements of revenge.

D learnt his sons drug dealer hat threatened his son. D took a razor and a gun and drove to the dealers house. Inflicted serious injury with razor, fired gun at him as he fled. V killed. Judge refused to allow provocation to be put to jury. Appealed.

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Loss of Control - Camplin (1978) Old law like the new one said that the sex and age of D should be taken into account in assessing self-control

D was 15 and had been sexually abused by an older man who laughed at him. D hit the man with a pan, killing him. At trial, judge said to ignore his age. HofL allowed appeal and substituted conviction to manslaughter.

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Loss of Control - Gregson (2006) Old law on looking at the circumstance on D

D was unemployed, suffered from depression and epilepsy. V taunted him about all of this. Evidence that D was sensitive to taunts. D lost control and killed V. D able to use defence of provocation. His problems could be considered in deciding.

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Loss of Control - Hill (2008) Old law looking at the circumstance of D

D had been sexually abused as a child. V tried to sexually assault D. D killed V. D was able to use the defence of provocation.

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Loss of Control - R v Dawes (2013)

D went to see estranged wife who was with her new boyfriend. D threw a bottle at new boyfriend who then went over to D. D killed the boyfriend. Convicted, defence of loss of control not allowed

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Loss of Control - R v Hatter (2013)

D killed his girlfriend after asking if she has slept with a new person, she said no, he killed her because of the breakup not the sexual infidelity. Defence for loss of control was not allowed.

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Loss of Control - R v Bowyer (2013)

D burgles a house and the householder comes back and finds him, he recognises him. He says that the burger was a rubbish burgle and that his girlfriend is a part time prostitute. The burgle kills him.

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Voluntary Manslaughter Case Cards

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