Statutory Defence as defined in s3 Homicide Act 1957
1 of 15
Can be a lawful act, self induced, not always aimed at the defendant
Things Done or Things Said
2 of 15
Things Done & Things Said:
Pearson, Baille, Doughty
3 of 15
What happened in Pearson
Father abused D’s younger brother- behaviour not aimed at D, not provocation
4 of 15
What happened in Baille?
D discovered drug dealer supplied his son with drugs, D threatened and armed with weapons, shot V; quashed due to time lapse. Not immediate loss of self control
5 of 15
What happened in Doughty?
D killed baby 17 days old, would not stop crying; quashed, manslaughter not murder
6 of 15
Complete __________, judged on time between provocation and reaction
Loss of Self Control
7 of 15
Name the case: D, abused wife, had an argument with V, left room & attacked while V was sleeping; gap of time, not must be sudden and temporary
Duffy
8 of 15
Name the case: V repeatedly bullied and terrorised D, 5 days later, D killed V; time lapse too long
Ibrams and Gregory
9 of 15
'Do as he did'
Reasonable Man and Camplin
10 of 15
The test decided in the case is:
Objective
11 of 15
V denied stealing D’s tools, D stabbed V. D was depressed- low reaction threshold → characteristics not relevant to ‘reasonable man’ loss of self control
Morgan
12 of 15
D, an alcoholic, drinking heavily. V killed after she told D that she was having an affair, taunted D → Subjective Test: Provocation: characteristics can be taken into account
Holley
13 of 15
Blames Victim for their own death
Disadvantage
14 of 15
Excuse to kill
Disadvantage
15 of 15
Other cards in this set
Card 2
Front
Can be a lawful act, self induced, not always aimed at the defendant
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