Voluntary Manslaughter

diminished responsibility s52 CJA
1. abnormality of mental functioning
  1. R v Bryne defined that reasonable person would deem behaviour abnormal
2. arising from a RMC
  1. PTSD (R v Brown)
  2. PMS (R v Smith)
  3. paranoia (R v Simcox)
3. substantially impairs D's ability to
  1. exercise self control
  2. form a rational judgement
  3. understand nature/quality of conduct
  4. substantial
    1. more tha minimal (R v Brown)
    2. q for jury (R v Bryne)
    3. between total and minimal (Lloyd)
4. provides an explanation for D's conduct
  1. must be a significant contributory factor
5. intoxication
  1. can't be used if intoxicated and no RMC (R v Dowds)
  2. q for jury if intoxicated and RMC which one was reason for abnormality, would have happened if sober? (R v Gittens)
  3. if intoxicated and ADS, involuntary intoxicated (R v Wood)
loss of control s54-55 CJA
1. D is so overwhelmed with emotional passion that they can't resist the impulse to attack (R v Clinton)
2. doesn't have to be sudden can be built up (R v Baillie)
3. can't be for revenge, indicates thought about (R v Clinton)
4. arising from a qualifying trigger
  1. sexual infidelity and incitement are not triggers
  2. fear
    1. R v Ward
    2. must be a fear of serious violence for themselves or specific person
      1. D's subjective fear
  3. anger
    1. something must be said/done of extremely grave nature (R v Clinton) giving D a justifiable sense of being seriously wronged R v Zebedee
5. used to be provocation before 2010
6. reasonable person of D's characteristics in situation would have reacted in same/similar way to D
  1. sex, age (R v Camplin)

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	Criado por Josie Troop mais de 2 anos atrás