Voluntary Manslaughter (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
What is voluntary manslaughter?
What is voluntary manslaughter?
Partial defence reducing murder to manslaughter
Two partial defences to murder
Two partial defences to murder
Loss of control (s54) & diminished responsibility (s52)
Which offence can these defences reduce?
Which offence can these defences reduce?
Murder only
Loss of control: 3-stage test
Loss of control: 3-stage test
(1) Lost control (2) Qualifying trigger (3) Reasonable person
Does loss of control need to be sudden?
Does loss of control need to be sudden?
No, can be delay between trigger and killing (s54(1)(b))
Sexual infidelity as qualifying trigger
Sexual infidelity as qualifying trigger
Cannot be trigger alone, but can be part of bigger picture
Burden of proof: loss of control
Burden of proof: loss of control
Prosecution disproves beyond reasonable doubt
Diminished responsibility: 4-stage test
Diminished responsibility: 4-stage test
(1) Abnormality (2) Medical condition (3) Impairment (4) Explanation
'Substantial' meaning (R v Golds)
'Substantial' meaning (R v Golds)
Big or large; more than trivial but not total
Burden of proof: diminished responsibility
Burden of proof: diminished responsibility
Defence proves on balance of probabilities