Voluntary Manslaughter Notes

Voluntary Manslaughter

  • Satisfies AR and MR for murder, but a partial defense applies.

  • Three partial defenses:

    1. Loss of self-control

    2. Diminished responsibility

    3. Suicide pact

Loss of Self Control (LOSC)

  • Defined by s54 and 55 of the Coroners and Justice Act 2009 (C&JA 2009).

  • Three elements must be satisfied:

    1. Killing resulted from LOSC.

    2. LOSC caused by qualifying triggers:

    • Fear of serious violence from V against D or another.

    • Things done constituted circumstances of a grave character, causing D to have a justifiable sense of being wronged.

    • 3. A hypothetical person of D's age and sex might have reacted similarly (objective).

  • Prosecution has the legal burden to prove beyond a reasonable doubt that one or more elements are absent.

  • Important qualifier: D's conduct must not be motivated by a considered desire for revenge (Section 54(4)).

Element 1: D Must Have Lost Self-Control (Subjective)

  • Requires extreme emotion and/or loss of rationality (Jewell [2014]).

  • Loss of ability to act in accordance with considered judgment or a loss of normal powers of reasoning.

  • Doesn't need to be a frenzied attack (Islam [2019]).

Element 2: Qualifying Trigger (s55)

  1. Fear of Serious Violence from V (s55(3)):

    • D must react to a genuine fear and it must be a fear of serious violence.

    • Doesn't apply where D consciously caused the conditions of her own defense (Dawes and Others [2013]).

  2. A Sense of Being Seriously Wronged by Things Said or Done (s55(4)):

    • 'Justifiable sense of being seriously wronged' by 'things said or done' of an 'extremely grave character'.

    • D must identify specific actions or comments causing the LOSC (Acott [1997]).

    • Exclusions: D cannot rely on things said or done where she incited them (Dawes).

    • Section 55(6)(c): excludes things said or done constituting 'sexual infidelity' (Clinton [2012]).

Element 3: Person of Normal Tolerance

  • Objectively understandable. S54(1)(c).

  • 'Sex' and 'age' are taken into account.

  • Circumstances of D: section 54(3).

Diminished Responsibility

  • Only for murder.

  • D claims a partial excuse due to a medical condition.

  • Elements (Section 2 Homicide Act 1957, substituted by Section 52 C&JA 2009):

    • Burden of proof: D (on the balance of probabilities).

Element 1: Abnormality of Mental Functioning

  • Not defined in statute.

  • Medical evidence: dominant (Bunch [2013]).

Element 2: Abnormality Arising from a Recognised Medical Condition

  • Question for the courts, guided by glossaries.

  • Included conditions: Schizophrenia, depression, personality disorders.

Element 3: Abnormality Substantially Impaired D’s Mental Ability To:

  • Requires a 'weighty' or 'significant' impairment (Golds [2016]).

  • Three precise abilities:

    • Understand the nature of D's conduct.

    • Form a rational judgment.

    • Exercise self-control.

Element 4: Abnormality Explains the Killing

  • Explanation for the killing is found 'if it causes, or is a significant contributory factor in causing, D to carry out the conduct' (2(1B)).

  • Requires assessment within D's mind.

  • Multiple causes/motivations acceptable (Joyce v Kay [2017]).

Suicide Pact Partial Defense

  • D kills V pursuant to an agreement that they will die together.

    1. D must have agreed with V that they will die together.

    2. D must intend, to die herself in line with the agreement.

  • Burden of proof = D to establish the elements of the defense (balance of probabilities).