Manslaughter

MANSLAUGHTER

Voluntary Manslaughter

- what would otherwise be murder is reduced to manslaughter due to:

- pocket-sized Responsibility
or
- Provocation

Involuntary Manslaughter


D kills another but does not have mens rea for murder

- Constructive manslaughter
or
- Manslaughter by gross negligence


Voluntary Manslaughter


Diminished Responsibility

Section 2(1) Homicide Act 1957:
.. a person shall not be convicted of murder if he was suffering from such abnormality of the sagaciousness (where arising from a condition of arrested or retarded development of sound judgement or any inherent causes or induced by disease or injury) as substantially impaired his psychogenic responsibility for his acts and omissions in doing….the killing

(2) On a committee of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder.


NB
- completely elements of murder must be present
- Only available on charge of murder
- Partial defence means D is convicted or manslaughter rather than murder
- Burden of proof on D on balance of probabilities: see s.2(2) this not contrary to ECHR: Lambert

3 elements:

1. freakishness of mind
2. Cause of abnormality falling within s.



2(1)
3. Substantial disadvantage of mental responsibility caused by abnormality of mind

Abnormality of mind


Broader than derangement covers e.g. irresistible impulse, inability to control actions, need not be disease of mind. Wrong to describe it as borderline insanity: Byrne

Effects of inebriant consumption of alcohol does not itself symbolise abnormality of mind - need to ignore effects of alcohol and concentrate on Ds underlying abnormality of mind - mind is whether that impaired responsibility: Dietschmann

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