VocabuLaw

Voluntary Manslaughter

What is it and what does it mean?

Description of the legal term Voluntary Manslaughter:

Voluntary manslaughter within the British legal system refers to a killing that would otherwise be murder but is reduced to manslaughter due to the existence of certain mitigating circumstances which reduce the defendant’s culpability. These mitigating factors are laid out in law and fall under several distinct categories, allowing for a lesser charge than murder. The main difference between murder and this category of manslaughter lies in the defendant’s mental state and the context of the act.

The first factor that can result in a charge of voluntary manslaughter is that of ‘diminished responsibility’. Under the Homicide Act 1957, as amended by the Coroners and Justice Act 2009, diminished responsibility must be established by providing that the defendant was suffering from an abnormality of mental functioning which arose from a recognized medical condition, substantially impaired the defendant’s ability to understand the nature of their conduct, form a rational judgment or exercise self-control, and provides an explanation for the defendant‘s acts and omissions.

The second factor is that of a ‘loss of control’, which was formerly known as provocation. This was also reformed under the Coroners and Justice Act 2009. To successfully plead loss of control, the defendant must demonstrate that their loss of control was attributable to a ‘qualifying trigger’. This could be due to fear of serious violence from the victim against the defendant or another identified person, or a thing or things said or done which constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged.

A third mitigating factor comes into play when the defendant is participating in a suicide pact and they end up killing the person they had the pact with. This is covered by the Homicide Act 1957.

Notwithstanding the presence of mitigating factors, the defendant must still have performed the act that caused the death, and it is not a defence to simply claim a general reduction in culpability. The prosecution must prove that the mitigating factors are not sufficient to warrant a complete defence, such as self-defence, which would lead to an acquittal.

Legal context in which the term Voluntary Manslaughter may be used:

Let’s consider a scenario where John, suffering from severe depression, kills his wife during a severe depressive episode. His mental state at the time may align with the criteria for diminished responsibility. If medical experts concur that John’s depression constituted an abnormality of mental functioning that significantly impaired his judgment and self-control while providing an explanation for his actions, he might be charged with voluntary manslaughter rather than murder.

In another example, Sarah is subjected to years of abuse from her partner. One day, during yet another violent episode, Sarah loses control and fatally injures her partner. Sarah’s defence team could argue that she acted under a loss of control due to fear of serious violence, which was a response to the cumulative impact of the abuse she suffered. In this situation, if the court is persuaded that Sarah’s actions meet the threshold for loss of control, she could also be charged with voluntary manslaughter.

Understanding terminology such as voluntary manslaughter is crucial for law professionals and students alike, as it highlights the complexities within criminal law. The existence of a manslaughter charge that recognizes the human element of certain crimes, providing a more flexible legal framework that can take into account a wide array of human conditions and reactions, is a testament to the nuanced approach of the British legal system to culpability and justice. Identifying the subtleties between malicious intent and mitigated circumstances allows for fairer adjudication and reflects society’s understanding that not all killings are born from the same degree of moral blameworthiness.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.