Things done or said that
amount to circumstances of
an extremely grave character
and cause the defendant to
have a justifiable sense of
being seriously wronged
A combination of both triggers
Clinton (2012)
The Defendant must have acted like another
person with an ordinary level of tolerance and self
restraint would have in that circumstance
camplin (1978)
Holley (2005)
Diminished Responsibility
The defendant must prove he was suffering from an
abnormality of mental functioning arising from a
recognised medical condition
Byrne (1960)
Reynolds (1988)
English (1981)
The abnormality of mental functioning must
substantially impair the defendants ability to
do one of the following;
Understand the nature of his conduct
Form a rational judgement
exercise self control
Egan (1992)
The abnormality must also provide an
explanation for the defendant’s conduct, so it
must cause the defendant to carry out the
killing or be a significant factor
Involuntary Manslaughter
Gross Negligence
The Defendant’s conduct can be
lawful or unlawful and can be an
act or omission
There must be a breach of the
duty of care that causes death
There must be an obvious risk or death
The conduct must, in the
opinion of the jury, justify a
criminal conviction
Edwards (2001)
Stone and Dobinson (1977)
Unlawful Act
The defendant must
commit an act and
not an omission
The unlawful act
must be a criminal
offence
The act must be dangerous
but the defendant does not
need to recognise this
The act must be one
that causes death
Lamb (1967)
Dawson (1985)
Corion- Auguiste
Carey (2006)
Non- Fatal Offences
The Criminal justice Act 1988
Assault
Intentionally or recklessly causing
the victim to apprehend immediate
and unlawful violence
Ireland; Barstow (1997)
Constanza (1997)
Tuberville v Savage (1669)
battery
Intentionally or recklessly applying
unlawful physical force on another
Collins v Willcock (1984)
DPP v K (1990)
The Offences Against
the Person Act 1861
Section 47
Actus Reus
Assault or Battery occasioning
actual bodily harm
Miller (1954)
Chan Fook (1994)
Mens Rea
Intention or Recklessness
to cause ABH
Savage (1992)
Roberts (1971)
Section 20
JCC v Eisenhower (1994)
Burstow (1997)
Actus Reus
Unlawful Wounding or Infliction
of grievous bodily harm
Mens Rea
'Maliciously'
Cunningham (1957)
Mowatt (1976)
Section 18
Actus Reus
Unlawful wounding or
infliction of grievous bodily
harm
Mens Rea
Specific intent
Defences
Insanity
Defect of Reason
Clarke (1972)
Disease of the mind
Kemp (1957)
Bratty (1963)
Burgess (1991)
The Defendant does not know the nature
and quality of his act or that what he was
doing was wrong