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S1, L6, L7 - Murder, voluntary & involuntary manslaughter - Coggle…
S1, L6, L7 - Murder, voluntary & involuntary manslaughter
Murder
Requirements: Victim was a person, victim died, D caused V's death and D intended to kill or cause grievous bodily harm.
Mens rea: An intetnion to kill or cause grievous bodily harm - DPP v Smith 'really serious harm' e.g. loss of blood, broken bones.
Voluntary manslaughter
Loss of control
A defence only to murder, if successful the D is guilty of manslaughter.
D must show loss of self control caused by a 'qualifying trigger' and an ordinary reasonable person in the same posiiton would have reacted the same way.
Thornton [1992] – D had history of mental illness and had very violent relationship with husband. D stabbed her husband and claimed loss of control. CoA upheld murder conviction as it was not a sudden loss of control as she went to a different room and then grabbed a knife to stab him.
R. v Clinton [2012] - The discovery of sexual infidelity is not a qualifying trigger for self-control. So should always be murder instead of manslaughter. But can be relevant in explanation of potency of other legally allowable triggers.
qualifying triggering events for loss of self control: fear of serious violence and/or things said or done which constituted circumstances of an extremely grave character, and caused D to have a justifiable sense of being seriously wronged.
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Involuntary manslaughter
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Where the D does not intern to kill or cause grievous bodily harm but there is sufficient fault to justify criminal liability.
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