Partial defences for murder
- Created by: rhys15
- Created on: 02-05-17 11:38
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- Specific defences
- Loss of Control
- s54 CJA 2009
- D must have loss self-control
- Ahluwalia (1992)
- s54(2) CJA 2009
- doesn't have to be sudden
- there must have been a qualifying trigger
- fear of serious violence
- s55(5) CJA 2009
- violence does not have to be from V
- things said or done
- must have a 'justifiable sense of being seriously wronged'
- Doughty (1986)
- sexual infidelity doesn't qualify
- Ibrams & Gregory (1981)
- Bailie(1995)
- fear of serious violence
- a person of the same sex & age of D would've reacted in a similar way
- Camplin (1978)
- same position as D
- things such as unemployment & mental condition can be considered when comparing D to the 'normal' man
- Gregson (2006)
- Hill(2008)
- Diminished Responsibilty
- s2(1) CJA 2009
- recognised medical condition
- Dietshmann (2003)
- decided by a medical diagnosis
- abnormality of mental functioning
- Byrne(1960)
- a state of mind so different to the ordinary, reasonable man it would be deemed abnormal
- Byrne(1960)
- substantially impaired D's ability to do one of:
- understand the nature of the conduct
- form a rational judgement
- exercise self-control
- for the jury to decide
- 'substantial' doesn't mean 'total' nor 'trivial' but something in between
- Lloyd(1967)
- provided an explanation for D's conduct
- provides an explanation if it causes, or is a significant contributory factor in causing, D to carry out that conduct
- s2(1B) CJA 2009
- burden of proof on the defence
- Loss of Control
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