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Voluntary Manslaughter, - Coggle Diagram
Voluntary Manslaughter
S52 Coroners and Justice Act 2009
Diminished Respnsibility
S52 states person not convicted murder where suffering from
Arose from Medical condition
Campbell 1977
Medical evidence is required
Anthony Williams
killed wife suffered from anxiety and depression which was recognised med condition and diminished his responsibility as affected mental state
R v Ahuwalia
set historic precedent that those suffering domestic abuse have more slow burn reaction and suffer from battered wives syndrome
Substantially impaired Ds ability to understand nature of conduct, form rational judgement or exercise self control
Impairment for jury to decide
Seers 1984
substanisal more than trivial but not total
Lloyd 1967
substansial doesnt mean total
Abdnormality of mind
R v Bryne
D psycopath with sexual urges, he murdered woman as he had a mind a ordinary man would term abdnormal & charged with manslaughter
Coroners and Justices Act 2009 states must not been connection between abdnormality and killing
Reform to Diminished Responsibility
LawComish reccomended giving it a definition
51% burden prrof breaches innocent till proven guilty and art 6 as burden proof on defence
Depression now recognised since 2009
Defence should cover developmental immaturity
Burden of Proof
lies with defnece to probabilities to 51% they exception to 100% in crim law "beyond a reasonable doubt"
S54 C&JA2009
Loss of Control
Used be Law of Provocation
R v Woolin
D argued baby provoked him by crying under C&JA2009 would non longer be defensible as babys cannot provoke
R v Dawes
Sexual infedelity no longer qualifying trugger as D has normal tolerance & self restraint
R v Clinton
COurts must cosider cummulative effect tho D depressed wife taunted him about infidelity D killed her. conviction quashed on appeal as cummulative effect caused him to lose control
S54 States person not convicted murder where
Reason of Qualifying trigger
Fears serious violence to self or others 2. Things said or done so grave cuased sense of feeling seriously wronged
R v Ward
D & V drinking in bar started arguing D killed V with axe held loss of control as things said or done caused sense of feeling seriously wornged
A person of same sex & age with normal tolerance would have accted the same
D lost control
Does not have to be sudden confirmed by
R v Ahuwalia
more slow burn response to abuse
R v Jewell
confimed cannot be acts of revenge
Reform to Loss of Control
LawComish reccomended removing whole criteria to protect abused women and ecide on case by case basis
Homicide Act 1957
Suicide Pact
S4(3) an agreement between perosns with goal of death whether 1 takes own or not nothing done in pursuance of the pact shall be doen against persons intending to end own life
S4 shall be manslauhter if
Was agreement of death of all
Accused acts caused death of deceased in pursuance
D had intention of dying at time
R v Sweeney
D suffered from depression and wife muscular dystorphy entered a pact D survived but wife died charged with manslaughter and sentnced to 2 years as judge ststed "we must deter those wnating to end their own life"