loss of control and diminished A02

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A02 Loss Of Control and Diminished Responsibility
- diminished responsibility
  - Stewart - three stage test
  - Murder Manslaughter and infanticide 2006 Law Commission proposal
    - modernise the definition of DR- aspects of Impaired - BYRNE
  - problems
    - Burden Of Proof - contradicts legal system ''innocent until proven guilty''
      - contradicts the article 6 of european convention of human rights and puts D at a disadvantage
    - Dvelopmental Immaturity - those under 18 should be included, children are being convicted despite lack of dvelopment maturity
- Loss Of Control
  - Problems
    - Become narrower due to lack of infidelity as a qualifying trigger
    - Become wider due to loss of control doesn't need to be sudden and added the threat of fear
    - Only allows age and sex as other circumstances same as provocation
  - comparison to provocation
    - coroners and justice act 2009 abolished provocation - unclear
      - ''reasonable man'' is hard to define
  - Old law on Provocation gave males violent powers that was wrong
coroners and justice act 2009 abolished provocation - unclear
- ''reasonable man'' is hard to define

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