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Manslaughter Case Study

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TAQ 1

There are unquestionable sections of offences taken into consideration when determining the facts and giving orders in court. These can be an action of wrong doing or a crime which an individual did up to his/her choice without a conscious thought. Diminished responsibility can minimise a crime from a maximum sentence of murder to a lower sentence of manslaughter. Diminished responsibility involves a person murdering another person and the person who committed the crime will not be declared guilty of murder, but will be declared mentally unstable. For example, a less advanced state of mind or someone who might have been involved in an accident and his or her mind persuades them to commit a crime which is beyond their control.

Homicide …show more content…

To the concern of the Courts such offence instead of being given a life sentence by conviction of murder, the courts can give partial defence of homicide. The defence of provocation is a partial defence because they do not totally exonerate the offender from being responsible for a crime, but the sentence can be reduced. Under Homicide Act (1957) s3 states “Where on a charge of murder, there is evidence on which the jury can find that the person charged was provoked (whether by things done or by things said or by both together) to lose his or her self control, the question whether the provocation was enough to make a reasonable man do as he did shall be determined by the jury”. For example, the case of Maddy (1671) a man discovered his wife committing adultery with another man, and killed her or both of them. His defence is that, he was provoked and the Courts ruled out at this as provocation, therefore was not charged with murder but had a reduced …show more content…

He made silent and abusive phone calls; he took photos of her when she was not looking and sent hate mails. As a result she suffered a severe depression. The courts had to examine if such depression comprised of assault under Person Act (1861), if the accused could be liable under section 20 with no intention for bodily harassment. The courts decided to rule the depression as assault. Following this conclusion Protection from Harassment Act (1997) was applied, which permitted cases of R v Burstow (1997) to be sentenced

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