Partial defences and voluntary manslaughter

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  • Created by: nebulanya
  • Created on: 08-12-19 23:18
Type 2 partial defences are only applicable if you're evaluating..
murder
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If type 2 partial defence is successful the offence will go down to
Manslaughter
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Does the burden of proof shift for loss of control?
It is for the defendant to prove their loss of control
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What is the law that decrees loss of control?
Coroners and Justice Act 2009
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CJA 2009 does not convict of murder if
D's acts and omissions in killing was caused by D's loss of self control, loss of self control had a qualifying trigger and a person of D's sex and age with a normal degree of tolerance and restraint might have acted in a similar war in their circums
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What is the loss of control
The loss of the ability to act in accordance with considered judgement
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What is a qualifying trigger?
A loss of control being attributable to D's fear of serious violence from V against D or the loss of control was things done or said which constituted circumstances of extreme grave character caused D to have justifiable sense of being wronged
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What is diminished responsibility
if D was suffering from an abnormality of mental functioning which is a recognized medical condition that can cause abnormality of mental functioning
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What does substantially impaired mean
Jury decides amount of substantiality = whether it is significant and appreciable
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Other cards in this set

Card 2

Front

If type 2 partial defence is successful the offence will go down to

Back

Manslaughter

Card 3

Front

Does the burden of proof shift for loss of control?

Back

Preview of the front of card 3

Card 4

Front

What is the law that decrees loss of control?

Back

Preview of the front of card 4

Card 5

Front

CJA 2009 does not convict of murder if

Back

Preview of the front of card 5
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