Voluntary Manslaughter

Voluntary Manslaughter is where the defendant has committed murder but raises a special defence which results in a lower setnece.

Special defences can only be used when the defendant is charged with murder.

There are three circumstances where the defendant can raise a special defence:

1. Diminished Responsibility

2. Suicide Pact

3. Loss of Control

* Diminished Responsibility was introduced by the Homicide Act 1957 and ammended to the Coroner & Justice Act 2009.

* Diminished Responsibility requires the defendant to prove on the balance of probabilities that....

1. Defendant was suffering from an abnormality of mental functioning

2. Which is due to a recognised medical condition

3. Which substantially impaired the defendants ability to 'Understand Nature of Conduct' 'Form rational judgement' and 'exercise self control'

4. Finally the abnormality of mental functioning, must provide an explanation for the defendant causing the victims death

*  Leading case for abnormality of mental functioning is (R V Byrne)

* Abnormality of the mind is a state of mind so different from that of an ordinary person, that the reasonable person would term it abnormal.

* It is not necessary to show tat the abnormality existed from birth (R V Gomez)

* Intoxication is not allowed for abnormality of mental functioning unless, it reaches a stage where the brain has been injured (R V Tandy)

* However, if the defendant was suffering from alcoholism and this was a significant factor in causing victims death, this would be considered an abnormality (Wood)

Recognised Medical Condition:

1. Psychopath (R V Byrne) 

2. Depression ( R V Seers)

3. BWS ( R V Ahluwalia)

4. Alcoholism (Wood)

LLYOD = stated that impairement does not mean total nor does it mean minimal, it must be something in between. There must be more than trivial impairement but less than total.

Substantially impair defendants ability to....

1. Understand Nature Of Conduct - defendant is in an automatic state and does not know where or what they are doing. 

2. Form rational judgement - defendant doesnt know whether his act is right or wrong ( Paranoia, Schizophrenia)

3. Exercise self control - This was shown in R V Byrne - defendant was unable to control perverted desires.

* Medical evidence is required from at least two psychologists to show the recognised condition substantially impaired defendants ability

* For the special defence to be used, the defendant has to prove that abnormality of mental functioning provides an explanation for defendant causing victims death

* Defendants abnormality of mental functioning must be a significant factor in causing death, it is irrelevant if he was intoxicated (Dietschmann)

* Cause & Significant contributing factor in causing D to carry out his conduct which killed the victim.