Comparing Voluntary and Involuntary Manslaughter
Voluntary manslaughter is when a defendant has muredered a victim, but
can use one of the following defences to reduce his/her sentence to
manslaughter (all of which are sections of the Homocide act 1957):
* Diminished responsibility (S2)
* Provocation (S3)
* Suicide Pact (S4)
Involuntary manslaughter is when a defendant does not intend to cause
GBH or kill the victim, but does so. EG - a man throws a brick at a
window, intending to break it. The brick then bounces off the window
and hits another man in the head, killing him instantly.
2. What does it mean when the defendant can use voluntary
manslaughter as a ‘partial defence’?
This means the defendant can rely on one of the above three defences
to reduce his/her murder charge to manslaughter. The above defences
are NOT EXCUSES, and a defendant cannot use them to be acquitted, only
to have their sentence reduced.
3. Whom must prove the defence of diminished responsibility and
what is the standard of proof?
The defendant must prove he/she had an ‘abnormality of the mind’. The
standard of proof is on the ‘balance of probabilities’, not on the
reasonable man test.
4. S2(1) of the Homocide Act 1957 includes the phrase ‘any inherent
cause’. What does this mean?
The term ‘any inherent cause’ means literally ‘any cause from within’.
5. What is a “transient state of intoxication” and is it seen as a
disease of the mind?
‘A Transient state of intoxication’ refers to the temporary effects of
an intoxicating substance such as drugs or alcohol. It can only be
seen as a disease of the mind if alcoholism or constant drug use has
actually caused damage to the brain, the defence must prove this.
6. If the defendant has a disease of the mind, but is also