Class notes
voluntary manslaughter
- Course
- Institution
Lecture notes on voluntary manslaughter
[Show more]
Seller
Follow
charlie-annmarron
Content preview
CL – Week 6 – Homicide 2 - Voluntary manslaughter lecturesInvoluntary manslaughter introduction
Manslaughter = unlawful homicide which are not murder – very wide spectrum – divided into 2
categories – either voluntary manslaughter or involuntary manslaughter – distinction is based on the
defendant's intention at the time
If intention to kill or cause GBH = voluntary manslaughter
If no intention to kill or cause GBH = involuntary manslaughter
Provocation – the ‘old law’
‘a sudden and temporary loss of self-control’ ‘person charged was provoked’ ‘everything done and said’
- Provocative words or conduct
- A sudden and temporary loss of self-control
- a reasonable reaction
This ‘old law’ defense was controversial and had many problems
- Very open law – trivial provocations were going to the judge
- Defense based on male anger – used by men who discovered their wives had been cheating or
nagging etc. - in these cases the sentences were very low
- Domestic abuse cases – the sudden element compared to the slow burn reaction – case of R v
Ahluwalia - deserving cases were not able to avail of defense
Law commission report 304: recommendations for reform of the law
Overview of the ‘new law’ - Loss of self-control
Coroners and Justice Act 2009 -
- Section 56 abolished provocation
Section 54 and 55 C&JA 2009
- Partial defiance to murder: loss of control
- ‘Where a person ‘D’ kills or is a party to the killing of another ‘V’, D is not to be convicted of
murder if’
o Ds acts and omission resulted from Ds loss of self-control
o This had a qualifying trigger
o A person of the same age and sec with a normal degree of tolerance and self-restraint
might have acted the same way
- S54. Sub 3 -
- S54. Sub 4 – does not apply if the D acted in a considered desire for revenge
No considered revenge
Judge decides there is sufficient evidence to raise the defense
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 or Stuvia-credit 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 charlie-annmarron. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.39. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77333 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now