Voluntary manslaughter (s52, s54 &s55 CJA 2009)

54Partial defence to murder: loss of control (1)Where a person ("D"�) kills or is a party to the killing of another ("V"�), D is not to be convicted of murder - (a)D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control, (b)the loss of self-control had a qualifying trigger, and (c)a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D. (2)For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden. (3)In subsection (1)(c) the reference to "the circumstances of D"� is a reference to all of D's circumstances other than those whose only relevance to D's conduct is that they bear on D's general capacity for tolerance or self-restraint. (4)Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge. (5)On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6)For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply. (7)A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter. (8)The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it.

55Meaning of "qualifying trigger"� (1)This section applies for the purposes of section 54. (2)A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies. (3)This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person. (4)This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which- (a)constituted circumstances of an extremely grave character, and (b)caused D to have a justifiable sense of being seriously wronged. (5)This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4). (6)In determining whether a loss of self-control had a qualifying trigger- (a)D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence; (b)a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence; (c)the fact that a thing done or said constituted sexual infidelity is to be disregarded. (7)In this section references to "D"� and "V"� are to be construed in accordance with section 54.

52Persons suffering from diminished responsibility (England and Wales) (1)In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute- "(1)A person ("D"�) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which- (a)arose from a recognised medical condition, (b)substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and (c)provides an explanation for D's acts and omissions in doing or being a party to the killing. (1A)Those things are- (a)to understand the nature of D's conduct; (b)to form a rational judgment; (c)to exercise self-control. (1B)For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct." (2)In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by prosecution of insanity or diminished responsibility), in paragraph (b) for "mind" substitute "mental functioning" �.

LC

DM