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Voluntary Manslaughter - Coggle Diagram
Voluntary Manslaughter
Voluntary Manslaughter
Killing intentionally after being provoked (loss of control)
D =Liable for death but not murder
Diminished Responsibility
Section2 of Homicide Act 1957
A person who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which (a, b or c)
b) Substantially impaired D's ability to do 1 or more things from 1A, and
c) provides an explanation for D's acts and omissions in doing or being a party to the killing
a) Arose from a recognised mental condition
Abnormality of mental function (what we define as 'not normal') - different from ordinary human beings
R v Byrne ( unable to control desires)
Cause of Abnormality - must arise from a recognised medical condition (defined by International Classification of Diseases) - anxiety, personality disorders, alcohol dependency - physical conditions (epilepsy)
Evidence must be presented in court - Jury determines whether evidence is sufficient
Substantially Impaired
2 - To form a rational Judgement
May be suffering from paranoid delusions (schizophrenia)
3 - To exercise self control
R v Byrne (loss of control)
1- Understand nature of D's conduct
Severe learning difficulties
D may suffer from delusions
D might be in an automatic state and doesn't know what they're doing
R v Byrne
R v Lloyd
R v Golds
Only applicable as a
partial defence
of murder
If successful the sentence of murder is decrease to voluntary manslaughter
Down to the jury to decide
If DR is used ^ changes
BoP = Defence
SoP = Balance of Probabilities
In a criminal case:
Burden of Proof = Prosecution
Standard of Proof = Beyond all reasonable doubt