Voluntary Manslaughter

Voluntary Manslaughter

1. diminished responsibility s52 CJA

   • abnormality of mental functioning
     • R v Bryne defined that reasonable person would deem behaviour abnormal
   • arising from a RMC
     • PTSD (R v Brown)
     • PMS (R v Smith)
     • paranoia (R v Simcox)
   • substantially impairs D's ability to
     • exercise self control
     • form a rational judgement
     • understand nature/quality of conduct
     • substantial
       • more tha minimal (R v Brown)
       • q for jury (R v Bryne)
       • between total and minimal (Lloyd)
   • provides an explanation for D's conduct
     • must be a significant contributory factor
   • intoxication
     • can't be used if intoxicated and no RMC (R v Dowds)
     • q for jury if intoxicated and RMC which one was reason for abnormality, would have happened if sober? (R v Gittens)
     • if intoxicated and ADS, involuntary intoxicated (R v Wood)

2. loss of control s54-55 CJA

   • D is so overwhelmed with emotional passion that they can't resist the impulse to attack (R v Clinton)
   • doesn't have to be sudden can be built up (R v Baillie)
   • can't be for revenge, indicates thought about (R v Clinton)
   • arising from a qualifying trigger
     • sexual infidelity and incitement are not triggers
     • fear
       • R v Ward
       • must be a fear of serious violence for themselves or specific person
         • D's subjective fear
     • anger
       • something must be said/done of extremely grave nature (R v Clinton) giving D a justifiable sense of being seriously wronged R v Zebedee
   • used to be provocation before 2010
   • reasonable person of D's characteristics in situation would have reacted in same/similar way to D
     • sex, age (R v Camplin)