The first Voluntary Manslaughter note document.
This is part of a notes bundle for the Homicide Topic in the Criminal Law 2 module.
Includes:
- Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller graceochieng950. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £8.99. You're not tied to anything after your purchase.
