Criminal Law
Voluntary Manslaughter- Two partial defenses that reduce conviction-
diminishes responsibility and loss of control - Coroners and Justice Act
2009 and Homicide Act 1957
Plead Successfully: Abnormality of mental functioning, explanation for the
defendant’s act, substantially impaired the defendant’s ability to: Nature of
their consent, rational judgement and exercise self control.
Abnormality of mental functioning- clarify development of law through
courts, determined by the jury decision.
Provides an explanation: medical condition isn’t enough and killing could
be coincident.
Substantially Impaired- Defendant's ability to understand nature of their
conduct to form a rational judgement.
Loss of Control: Reduces charge to voluntary manslaughter, Plead
successfully: loss of self control, qualifying triggers and normal degree
tolerance and self restraint, the defendant must be able to demonstrate
balance of probabilities.
Qualifying triggers: A reason why the defendant killed the victim, allowed
by the partial defence through s 55- extremely grave character and cause D
to have a justifiable sense of being seriously wronged.
Reasonable Man test: Plead successfully- react the same way as reasonable
man would.
Theft and Robbery: Statutory offence defined in section 1 of theft act 1968.
Dishonesty= mens rea of theft; two part test R v Ghost
Appropriation- Assume rights over a property
Voluntary Manslaughter- Two partial defenses that reduce conviction-
diminishes responsibility and loss of control - Coroners and Justice Act
2009 and Homicide Act 1957
Plead Successfully: Abnormality of mental functioning, explanation for the
defendant’s act, substantially impaired the defendant’s ability to: Nature of
their consent, rational judgement and exercise self control.
Abnormality of mental functioning- clarify development of law through
courts, determined by the jury decision.
Provides an explanation: medical condition isn’t enough and killing could
be coincident.
Substantially Impaired- Defendant's ability to understand nature of their
conduct to form a rational judgement.
Loss of Control: Reduces charge to voluntary manslaughter, Plead
successfully: loss of self control, qualifying triggers and normal degree
tolerance and self restraint, the defendant must be able to demonstrate
balance of probabilities.
Qualifying triggers: A reason why the defendant killed the victim, allowed
by the partial defence through s 55- extremely grave character and cause D
to have a justifiable sense of being seriously wronged.
Reasonable Man test: Plead successfully- react the same way as reasonable
man would.
Theft and Robbery: Statutory offence defined in section 1 of theft act 1968.
Dishonesty= mens rea of theft; two part test R v Ghost
Appropriation- Assume rights over a property
