Law03- murder specific defences

revision for defences of murder in law03

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  • Created by: sam
  • Created on: 15-01-12 19:29

Loss of control

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
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Diminished responsibility

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
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