MANSLAUGHTER
Manslaughter killings
•
covers almost all unlawful that fall Short of
murder
Sentencing options broader the
Judge has full discretion
•
are much ,
Up to a maximum of life imprisonment
2
•
types :
Voluntary manslaughter : D satisfies both the AR and MR
but also fulfils a partial defence that reduces her
liability
to
manslaughter .
7-
Involuntary manslaughter : D does not satisfy the MR
for murder but satisfies the elements of an 1M Offence
Voluntary Manslaughter only defences to murder
Murder reduced to IM by partial defences
•
There are 3 partial defences
•
:
LOSS of self control
>
Diminished responsibility
3
Suicide pact ( not part of unit ,
Just be aware )
Partial defences following LC
•
were enacted as statutes proposals
LOSS of self control
Authority for partial defence of loss of control Ct JA 2009
•
: 5.54-55
Represents codified and substantial reform of old partial
•
a
defence of provocation .
, Ct JA 2009
544 ) where D kills or is party to
killing V , D Is not to be
convicted of murder if -
'
a DJ acts and omissions resulted from Ds LOC
The LOC had a
qualifying trigger
B
i
Fear of serious violence or
see Dawes ,
ii Justifiable sense of being wronged by things
said or done (close to provocation but raises the
higher) in Ds specific situation
-
bar of what classes
A person of DJ sex and c
Not
age with a normal degree of ,
self restraint and tolerance may have reacted in the
'
would
'
lowers
D. Objective see Redman Ski ( 2017)
objectivity same / similar way as ,
and AS Mel ash ( 2013)
When of LOC the burden is on the prosecution to
°
an issue arises ,
prove beyond reasonable doubt that I or more of these elements
is absent .
5.5414) excludes defence
•
the where D acts in a considered
desire for revenge ,
see Jewell (2014)
unlike with provocation, there DJ LOC
•
is no
longer the need for
temporary ( difficult though as many Jury I
'
to be sudden and see
losing self control to be a sudden and temporary thing)
B i is a subjective requirement ( doesn't need to be what a
•
reasonable person would fear ) S 55 (6) (a) States this trigger .
.
won't apply where D consciously caused the conditions of her
defence , where D causes conditions but not to
gain an excuse to
act violently may operate see Dawes ( 2013)
the defence .
,
partly subjective ( D must feel personally wronged)
B ii
is and
'
Manslaughter killings
•
covers almost all unlawful that fall Short of
murder
Sentencing options broader the
Judge has full discretion
•
are much ,
Up to a maximum of life imprisonment
2
•
types :
Voluntary manslaughter : D satisfies both the AR and MR
but also fulfils a partial defence that reduces her
liability
to
manslaughter .
7-
Involuntary manslaughter : D does not satisfy the MR
for murder but satisfies the elements of an 1M Offence
Voluntary Manslaughter only defences to murder
Murder reduced to IM by partial defences
•
There are 3 partial defences
•
:
LOSS of self control
>
Diminished responsibility
3
Suicide pact ( not part of unit ,
Just be aware )
Partial defences following LC
•
were enacted as statutes proposals
LOSS of self control
Authority for partial defence of loss of control Ct JA 2009
•
: 5.54-55
Represents codified and substantial reform of old partial
•
a
defence of provocation .
, Ct JA 2009
544 ) where D kills or is party to
killing V , D Is not to be
convicted of murder if -
'
a DJ acts and omissions resulted from Ds LOC
The LOC had a
qualifying trigger
B
i
Fear of serious violence or
see Dawes ,
ii Justifiable sense of being wronged by things
said or done (close to provocation but raises the
higher) in Ds specific situation
-
bar of what classes
A person of DJ sex and c
Not
age with a normal degree of ,
self restraint and tolerance may have reacted in the
'
would
'
lowers
D. Objective see Redman Ski ( 2017)
objectivity same / similar way as ,
and AS Mel ash ( 2013)
When of LOC the burden is on the prosecution to
°
an issue arises ,
prove beyond reasonable doubt that I or more of these elements
is absent .
5.5414) excludes defence
•
the where D acts in a considered
desire for revenge ,
see Jewell (2014)
unlike with provocation, there DJ LOC
•
is no
longer the need for
temporary ( difficult though as many Jury I
'
to be sudden and see
losing self control to be a sudden and temporary thing)
B i is a subjective requirement ( doesn't need to be what a
•
reasonable person would fear ) S 55 (6) (a) States this trigger .
.
won't apply where D consciously caused the conditions of her
defence , where D causes conditions but not to
gain an excuse to
act violently may operate see Dawes ( 2013)
the defence .
,
partly subjective ( D must feel personally wronged)
B ii
is and
'
