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How satisfactory is the law on voluntary manslaughter?


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Wed Apr 28 2004
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How satisfactory is the law on voluntary manslaughter?

... How satisfactory is the law on voluntary manslaughter? Voluntary manslaughter, as established by the Homicide Act 1957, is determined by three sections: diminished responsibility, provocation, and suicide pact. Diminished responsibility is established by Section 2 of the Homicide Act. It may be used as a defence to murder if the defendant can prove an abnormality of the mind (if, for example, the defendant is an alcoholic, or has a mental condition as in R v Byrne, where the defendant had uncontrollable sexual desires.) The defence is that the defendant does not have the necessary control over their actions, when compared to a reasonable person. Diminished responsibility has been criticised for a number of reasons: * The very term 'Diminished responsibility' has been criticised by authorities such as the Butler Committee, who say that it is 'not a medical fact relating to the accused'. It was suggested by them that ' a person should

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