p. 54013. Voluntary manslaughter
- David OrmerodDavid OrmerodProfessor of Criminal Justice, University College London, Barrister, Bencher of Middle Temple, Door Tenant at Red Lion Chambers
- , and Karl LairdKarl LairdStipendiary Lecturer and Tutor in Law, St Edmund Hall, Oxford, Barrister, 6KBW College Hill
Abstract
Manslaughter is defined by common law as any unlawful homicide that is not murder. The offence is limited by murder at one extreme and accidental killing at the other. Manslaughter can be either ‘voluntary’ or ‘involuntary’. This chapter deals with voluntary manslaughter: this occurs when someone had the intention to kill or do grievous bodily harm, but relies on a partial defence to murder. The two partial defences considered in this chapter are loss of self- control and diminished responsibility (suicide pact is dealt with in Ch 15). This chapter scrutinizes the defences available to the accused and in particular the developing case law under the Coroners and Justice Act 2009 on loss of control and diminished responsibility, including the Supreme Court’s decision in Golds and the series of Court of Appeal cases since that decision.
