Voluntary Manslaughter (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Two partial defences of voluntary manslaughter
Two partial defences of voluntary manslaughter
Loss of control and diminished responsibility
Crimes these partial defences apply to
Crimes these partial defences apply to
Murder only
Loss of control: governing statute
Loss of control: governing statute
s 54 Coroners and Justice Act 2009
Three stages of loss of control test
Three stages of loss of control test
Lost control, qualifying trigger, objective test
Must loss of control be sudden?
Must loss of control be sudden?
No - does not need to be sudden
Two types of qualifying triggers (s 55)
Two types of qualifying triggers (s 55)
Fear trigger (s 55(3)) and anger trigger (s 55(4))
Sexual infidelity as sole qualifying trigger
Sexual infidelity as sole qualifying trigger
Not alone, but can be context (Clinton principle)
Four stages of diminished responsibility
Four stages of diminished responsibility
Abnormality, condition, impairment, explanation
'Substantial' meaning (R v Golds)
'Substantial' meaning (R v Golds)
Big or large - more than trivial, not necessarily total
Burden of proof: loss of control vs dim resp
Burden of proof: loss of control vs dim resp
Prosecution must disprove vs defendant must prove