m2 apply the law on voluntary manslaughter in given situations
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Applied Law
Unit 4 - Unlawful Homicide and Police Powers (P2EXPLAINTHELAWONVOLUNTARYMANSLAUGHTERM2APPLYTHELAWONVOLUNTARYMANSLAUGHTERINGIVENSITUATIONS)
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(Task 2)P2 - Explain the law on voluntary manslaughter
M2 - Apply the law on voluntary manslaughter in given situations
Introduction
In this assignment I am going to be applying the law on Voluntary
Manslaughter especially Diminished Responsibility as well as Loss of
Control., within the case of Duane and Florence, as well as in the case of
applying and analysing the law on Voluntary Manslaughter discussing
liability in relation to Millie and Carl. In this assignment i will also reference
case examples and refer to old law. Overall drawing my conclusion
Duane and Florence have been married for eight years. Recently they have separated because Duane is drinking
heavily. Duane is depressed and has been prescribed tranquillizers by his doctor and told not to take them when
he has been drinking. Duane has taken his tranquillizers when he sees pictures of Florence with another man on
a social networking website. He has several drinks and then goes to Florence's house to confront her. Florence
says she is seeing someone who does not drink and makes her happy. Duane says, "He can't have you; I'm going
to end it all". Florence replies, "You don't have the nerve". Florence shoves Duane hard. He runs into the kitchen
and grabs a carving knife. Florence laughs at him and Duane stabs her several times, killing her. He dials 999 and
when the ambulance arrives, he tells them that everything went black and he is very sorry.
whether Duane and Millie are able to plead the defence of Diminished
Responsibility or Loss of Control.
Millie and Carl join an online dating agency. They chat, meet after two weeks, and marry six weeks later. On
their wedding night Carl gets drunk and hits Millie. Carl apologises. Carl is often romantic but gets violent when
he has been drinking. On their wedding anniversary Carl and Millie drink a bottle of wine. Carl calls Millie useless
and smashes the empty bottle over her head. Eventually Millie goes to the doctor and he puts her on anti-
depressants. A month later, Carl punches Millie again and goes to bed. After an hour, Millie hears Carl snoring
and she stabs him with a kitchen knife, killing him immediately. Millie dials 999 and when the ambulance arrives,
she is holding Carl sobbing ‘I love you’. Millie has been charged with the murder of Carl.
Diminished Responsibility
voluntary manslaughter is the wrongdoing of killing someone else
unlawfully in conditions that do not add up to kill (for instance, without
intention or because of relieving conditions, for example, diminished
responsibility). Diminished Responsibility is one of three unique
safeguards which exist exclusively for the offense of homicide. It is
contained in the Homicide Act 1957 as altered by the Coroners and
Justice Act 2009. Where the defence of diminished responsibility is
effectively argued, it has the impact of diminishing a homicide conviction
to manslaughter. The three exceptional protections of diminished
responsibility, loss of control and suicide pact differ from
general defences in that they don't make a difference to all offences and
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,(Task 2)P2 - Explain the law on voluntary manslaughter
M2 - Apply the law on voluntary manslaughter in given situations
furthermore the impact is to lessen criminal liability as opposed to acquit
the defendant from liability completely.
diminished responsibility is set out in s.2 of the Homicide Act 1957 as
changed by s.52 of the Coroners and Justice Act 2009. To depend on
the safeguard, the defendant must have the option to exhibit the
accompanying:
1. An abnormality of mental functioning caused by a
recognized medical condition.
2. Which provides an explanation for the defendant’s acts or
omissions in being party to the killing.
3. Which substantially impaired his/her mental ability to
either:
a) Understand the nature of their conduct or
b) Form a rational judgment or
c) Exercise self–control
An abnormality of mental functioning caused by
a recognized medical condition.
Before the Coroners and Justice Act 2009, the Homicide Act
1957 alluded to 'abnormality of the mind'. The difference in phrasing in
this regard was just to explain the law and is not required to roll out any
improvements to the nature of the defence. Consequently, the case law
under the Homicide Act, is yet accommodating in figuring out what may
consider an 'abnormality to mental functioning'. Whether or not the
defendant is experiencing an 'abnormality of mental functioning' it is for
the jury to decide in the wake of hearing clinical proof. The jury are not
bound to follow clinical evidence it is eventually their choice concerning
whether the defence ought to succeed.
In the case of ‘R v Ahluwalia (1993) 96 Cr App R 133 Court of
Appeal’ - The defendant poured petroleum and acidic soft drink on to
her dozing spouse and afterward put a match to him. He died six days
after the fact from his wounds. The couple had an arranged marriage and
the spouse had been fierce and injurious all through the marriage. He was
additionally having an unsanctioned romance. The evening of the killing
he had taken steps to hit her with an iron and revealed to her that he
would beat her the following day in the event that she didn't give him
cash. At her preliminary she conceded murdering her significant other yet
raised the guard of provocation. In any case, the jury sentenced her for
homicide. She appealed in light of the fact that the court judge course to
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, (Task 2)P2 - Explain the law on voluntary manslaughter
M2 - Apply the law on voluntary manslaughter in given situations
the jury identifying with provocation wasn't right and she additionally
raised the guard of diminished responsibility.
In relation to Duane, he does have ‘abnormality of mental functioning’
because Duane is depressed (a recognized medical condition) and has
been prescribed tranquillizers by his doctor, which are medical drugs.
Therefore, this means that Duane’s mind is impacted, and he is not able
to think straight as a reasonable man could. This suggests that as Duane
is on medical tranquillizers, he is not able to have self-control as a normal
reasonable man would.
In relation to Millie, she does have ‘abnormality of mental functioning’
because Millie goes to the doctor and he puts her on anti-depressants.
Which suggests that Millie is suffering from depression which is a
recognized medical condition, however Millie is also suffering from
battered women’s syndrome which is also a recognized medical
condition, which further causes Millie’s to have her mind impacted and
not think straight, as a reasonable man could. This also suggests that as
Millie’s is on medical drugs to help her with depression. She is not able to
have self-control as a normal reasonable man would.
Which substantially impaired his/her mental ability to either:
a) Understand the nature of their conduct or
This means that the defendant would have needed to understand the
nature of their behavior while the killing took place. This was also seen in
the case of ‘R v Byrne 1960’, which the defendant had perverted
desires, so he knew the nature of his conduct.
In relation to Duane we can clearly see that he was able to understand
the nature of his conduct while the killing took place. This is shown by
that Duane has taken his tranquillizers when he sees pictures of Florence
with another man on a social networking website. He then had several
drinks and then goes to Florence's house to confront her. Even though his
doctor told him not to take his tranquilizers with alcohol. Therefore, we
know that Duane was able to understand the nature of him conduct.
In relation to Millie, we clearly know that Millie was also able to
understand the nature of her conduct, this can be seen in the way that
Carl calls Millie useless and smashes the empty bottle over her head.
Eventually Millie goes to the doctor and he puts her on anti-depressants.
A month later, Carl punches Millie again and goes to bed. After an hour,
Millie hears Carl snoring and she stabs him with a kitchen knife, killing
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