Voluntary Manslaughter Criticisms and Reforms

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  • Created by: Shannon
  • Created on: 14-01-13 20:37
Reform
CJA 2009
1 of 8
Modern Definition
As recommended by LC changed to RMC to include new medical knowledge and flexible enough to allow for futur developments
2 of 8
Substantially Impair
Has been made clear what must be substantially impaired for successful defence and incorporated decision in Byrne into statutory form
3 of 8
Replaced provocation with LOC
LOC no longer needs to be sudden with benefits battered wives and fear of violence is now a qualifying trigger = partial defence
4 of 8
Burden of proof on D
breach of Art 6 (2) European Convntion on Human Rights - innocent until proven guilty
5 of 8
Developmental immaturity
Not included in DR so children of 10 could be convicted of murder with no defence unless the have AoMF, evidence brain isnt fully developed so unfair
6 of 8
Sexual infidelity
Not a QT even though defence was created for such situations. could understandably lose control if this happened and no partial defence = unfair
7 of 8
Response
Gov believe it unecessary to include developmental immaturity in DR because it would be included in learning disability. Not the case as they are not the same.
8 of 8

Other cards in this set

Card 2

Front

Modern Definition

Back

As recommended by LC changed to RMC to include new medical knowledge and flexible enough to allow for futur developments

Card 3

Front

Substantially Impair

Back

Preview of the front of card 3

Card 4

Front

Replaced provocation with LOC

Back

Preview of the front of card 4

Card 5

Front

Burden of proof on D

Back

Preview of the front of card 5
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