Voluntary Manslaughter Getting away with Murder…What you need to know!

Voluntary Manslaughter There are two types of manslaughter Voluntary Manslaughter Involuntary Manslaughter Voluntary Manslaughter- D would be guilty of murder but has successfully raised a DEFENCE Involuntary Manslaughter- lacks the necessary MENS REA for murder (no malice aforethought/Intention) but can be convicted of constructive or gross negligence manslaughter

Questions 1. What defences can reduce a charger of murder to manslaughter? Diminished responsibility, Suicide Pact or Provocation. 2. What is the required mens rea for murder? Malice aforethought (planning) 3. What is voluntary manslaughter? D has committed murder but successfully raised a defence. 4. What is involuntary manslaughter? D has caused the death of V but lacks the necessary mens rea either direct or oblique intention. Gross negligence or constructive manslaughter.

Partial Defences There are special defences available to people who commit murder if they can show one of the following: Diminished responsibility set out in Homicide Act 1957 Provocation set out in Coroners Justice Act 2009 Suicide Pact set out in Homicide Act 1957

What do Partial defences mean? Defendant is not completely acquitted. Instead the charge of murder is reduced to manslaughter. This gives Judges flexibility to decide what sort of sentence to impose. E.g. If D is not dangerous, he or she may only be given a short sentence. See Byrne (1960)

Byrne (1960) D strangled to death and then mutilated a young woman, confessing to both in full. D raised the defence of diminished responsibility. Since childhood he had suffered from perverted sexual desires that created irresistible impulses. His acts were driven by one of these impulses on the day in question. He was originally convicted of murder. But CA overturned this, despite him being able to tell the difference between right and wrong etc… He clearly had an irresistible impulse where he could not control his sick desires and therefore he had abnormality of mind. Held: Diminished responsibility covers all the activities of the mind. Abnormality of the mind does not have to be connected with madness. Medical experts described D’s condition as amounting to partial insanity!

Loss of Control REPLACED Provocation S54 of the Coroners and Justice Act 2009 sets out the defence of loss on control Definition ‘Where a person kills or is a party to the killing of another, D is NOT to be convicted of murder if: D’s acts and omissions in doing or4 being a party to the killing resulted from D’s loss of self-control The loss of self-control had a qualifying trigger; AND A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way to D’

Loss of control Can be: Physical assaults on D or relatives - Pearson 1992 Homosexual advances Continual Crying of a 19 day old baby-Doughty 1986 A denial of stealing the D tools-Smith 2000 Supplying drugs to D son-Baillie 1995 Wife having an affair -Davies 1975

Loss of Self Control The loss of self-control does NOT have to be sudden see Ahluwalia (1992) Qualifying triggers are: D’s fear of serious violence from V against D or another identified person The old law for provocation did NOT allow a defence where D lost control through fear of violence (Martin Anthony 2002) A thing done OR said which Constituted circumstances of an extremely grave character AND Caused D to have a justifiable sense of being seriously wronged The defence for loss of control is narrower than the old defence for provocation. Cases such as Doughty (1986) would not be able to use the defence for loss of control

Reform What reform is needed? What is the history of loss of self- control/provocation?

Question 3 Victoria is the wife and assistant of a knife-throwing expert, Carl, who both work for a circus. Carl is renowned for his hot temper and has recently been off work suffering from depression. Their act consists of Victoria being strapped to a board whilst Carl throws twenty knives all around her from a distance of five metres to within as little as fifteen centimetres of her body. They have been doing this for many years without a single mistake and Carl regards his technique as perfect. One evening, just before their act begins, Victoria tells Carl that she is having an affair with the lion tamer, Wayne. Carl is shocked and enraged but, at that moment, the fanfare strikes up for the start of their act and Carl and Victoria enter the ring to start their performance. The third knife Carl throws goes straight into Victoria’s heart, killing her instantly. Discuss Carl’s liability for Victoria’s death.