Voluntary Manslaughter Q&A

Explain the difference between 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.

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.

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 ...

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What does it mean when the defendant can use voluntary manslaughter as a ‘partial defence’?

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.

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’.

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.

If the defendant has a disease of the mind, but is also intoxicated when they kill, what must a judge direct the jury to consider?

The judge will direct the jury to consider whether or not they feel that the defendant would have killed had he/she not of been intoxicated. If their answer is yes, then diminished responsibility can be used as a defence. If not, then no defence can be used.

Why may a defendant wish a charge of murder to be replaced, using the defence of voluntary manslaughter, even though life imprisonment is still a sentencing option?

The only sentence available for a murder trial is life imprisonment, so, if found guilty, the only possible sentence a defendant will receive is life. Whereas in a manslaughter trial, there are a range of sentences available, making it less likely that the defendant will receive life imprisonment.