Manslaughter = Killing without malice aforethought
MENS REA FOR PQ
When we talk about intention, we need to reference whether there is direct intention to
cause death or an oblique intention.
Direct – D shoots V to bring about death. DIRECT (GBH) – D intended to seriously hurt the
victim, but didn’t want victim to die.
Oblique - If the defendant didn’t set out to kill or seriously hurt the victim but knew the death
of victim (kill)/serious harm (GBH) will be will be virtually certain
- Voluntary Manslaughter has the same AR and MR as murder but different defences.
Voluntary Manslaughter:
AR + MR of murder + partial defence – 3 types of defences
Loss of self-control: D kills while out of control owing to fear of serious violence or a justifiable
sense of being seriously wronged (Coroners and Justice Act 2009, s54);
Diminished responsibility: D’s recognised medical condition led to an abnormality of mind and
caused her to kill (Homicide Act 1957, s2); and
Suicide pact: D kills V in pursuance of an agreement that they will both die together (Homicide
Act 1957, s4).
Loss of Self-Control
D kills while out of control owing to fear of serious violence or a justifiable sense of being seriously
wronged
Coroners and Justice Act 2009, s54
Loss of control replaces problematic defence of provocation.#
What types of conduct can qualify as provocation? Doughty (1986) 83 Cr App R 319 (Check 23
minutes)
What characteristics of D can be taken into account when deciding if her reaction should
qualify for the defence? Smith (Morgan) [2001] AC 146; AG for Jersey v Holley [2005] UKPC 23
Is the defence gender biased in its operation? Ahluwalia [1992] 4 All ER 889
Is the defence designed as a partial justification (D acted wrongly, but as others would have)
or as a partial excuse (D’s weakness makes her action less blameworthy)?
Coroners and Justice Act 2009
s54(1) Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of
murder if —
(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
MENS REA FOR PQ
When we talk about intention, we need to reference whether there is direct intention to
cause death or an oblique intention.
Direct – D shoots V to bring about death. DIRECT (GBH) – D intended to seriously hurt the
victim, but didn’t want victim to die.
Oblique - If the defendant didn’t set out to kill or seriously hurt the victim but knew the death
of victim (kill)/serious harm (GBH) will be will be virtually certain
- Voluntary Manslaughter has the same AR and MR as murder but different defences.
Voluntary Manslaughter:
AR + MR of murder + partial defence – 3 types of defences
Loss of self-control: D kills while out of control owing to fear of serious violence or a justifiable
sense of being seriously wronged (Coroners and Justice Act 2009, s54);
Diminished responsibility: D’s recognised medical condition led to an abnormality of mind and
caused her to kill (Homicide Act 1957, s2); and
Suicide pact: D kills V in pursuance of an agreement that they will both die together (Homicide
Act 1957, s4).
Loss of Self-Control
D kills while out of control owing to fear of serious violence or a justifiable sense of being seriously
wronged
Coroners and Justice Act 2009, s54
Loss of control replaces problematic defence of provocation.#
What types of conduct can qualify as provocation? Doughty (1986) 83 Cr App R 319 (Check 23
minutes)
What characteristics of D can be taken into account when deciding if her reaction should
qualify for the defence? Smith (Morgan) [2001] AC 146; AG for Jersey v Holley [2005] UKPC 23
Is the defence gender biased in its operation? Ahluwalia [1992] 4 All ER 889
Is the defence designed as a partial justification (D acted wrongly, but as others would have)
or as a partial excuse (D’s weakness makes her action less blameworthy)?
Coroners and Justice Act 2009
s54(1) Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of
murder if —
(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
