Law03- murder specific defences

s3 Homicide Act 1957 as amended by s54 Coroners and Justices Act 2009

• D lost control
  • R V THORNTON/ R V ALUWHALIA- no need to be sudden
  • R V IBRAMS & GREGORY- can be a delay
  • R V BAILE- no revenge allowed
• Must be a qualifying trigger
  • R V PEARSON- fear
    • anticipatory force
    • reactive force
  • R V DOUGHTY- anger
    • circumstances of extremely grave character
    • justifiable sense of being wronged
• "would a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D have acted in the same way?"
  • DPP V CAMPLIN= same sex and age, R V MORHALL= specific cirumstances of D
  • AG OF JERSEY V HOLLEY- standard shouldn't change between D's
    

s2 Homicide Act 1957 as amended by s52 Coroners and Justices Act 2009

• D had an abnormality of mental functioning, which arose from a recognised medical illness
  • R V AHMED DIN- Jury's decision as to whether D has an abnormality (objective test used to decide this)
  • R V MARTIN- depression (eg of abnormality arising from recognised medical condition)
• And 'substantially impaired' D's ability to:
  • understand the nature of thier conduct
  • form rational judgement (R V MARTIN)
  • exercise self-control (DPP V BYRNE)
• Provides an explanation for D's conduct
  • causal link required- 'but for' test may be used to determine this
•  Alcohol
  • will be considered if not sole factor- R V DIETSCHMANN
  • alcohol can also cause the abnormality (craving= irresistable)- R V WOOD