Q: How do we prove murder? Learning Objectives 1. Recall the law relating to Voluntary Manslaughter- Diminished Responsibility Q: What is voluntary manslaughter?

Q: How do we prove murder?

Learning Objectives1. Recall the law relating to Voluntary

Manslaughter- Diminished Responsibility

Q: What is voluntary manslaughter?

Voluntary Manslaughter is a partial defence to murder reducing charge from murder to manslaughter. This gives the judge discretion regarding sentencing.

Diminished responsibilityLoss of Control

Remember: You would only look at voluntary manslaughter

when you have proven the elements for murder, but consider there to be a defence of one of the

above.

Coroners and Justice Act 2009

Diminished Responsibility

Defendant has to prove on the balance of probabilities, however for other defences eg. Loss of

control Defendant just needs to raise the defence and the prosecution need to disprove.

Diminished responsibility

Abnormality of Mental Functioning

Medical Condition

Substantially impaired ability

Can D exercise self control?

Did D understand nature of conduct?

Can D form a rational judgement?

Is there a causal connection between

abnormality and killing?CJA’2009 s1(b)

IntoxicationCannot be itself support DR as it is not a recognised medical condition (Di Duca (1959), unless….

D Has a medical impairment and is drunk

Drinking has caused a medical impairment

Defendant has to prove DR on balance of responsibilities.

Voluntary Manslaughter

Can I explain, illustrate and apply the law relating to diminished

responsibility and loss of control?

Loss of Control

-Defendant must have lost control but unlike previous law (Ahluwalia 1992) it does not have to be sudden.

Loss of self control must have been caused by a qualifying trigger.

Qualifying Trigger

• Fear of serious Violence• Things said or done of ‘grave character’• Justifiable sense of wrongdoing.

Key points Would a person of normal self restraint react in

a similar way? (Van Dongen (2005)

Use your printouts to complete your summary of the partial defence of Loss of Control

Look at the daily mail article and write down any key differences between the

defence of provocation and loss of control

Look at the case of Clinton (2012) and the court’s ‘application’ of

CJA’2009

Exam Question

• Despite some recent reforms, there are still criticisms to be made of the current law on murder and voluntary manslaughter. Consider relevant criticisms of that law, and suggest any reforms that may be appropriate. (25 marks)

Plenary

Loss of Control

Other Circumstances Same sex & Age

Qualifying triggerLoss of self-control