CRIMINAL LAW- voluntary m/s

Question 1

what are the two types of defences in voluntary m/s?

Answer 1

loss of control & diminished responsibility

Question 2

when is vol m/s loss of control suitable?

Answer 2

still murder but if d is suffering loss of control/diminished responsibility factors accepted instead of murder.

Question 3

what type of defence is vol m/s?

Answer 3

partial defence /l.o.c and d.r & specific 2 murder

Question 4

in the intent to kill for l.o.c we must see?

Answer 4

see rage/temper to offer defence.

Question 5

what act is this defence under?

Answer 5

Coroner Justice Act 2009 s.54

Question 6

what was l.o.c also known as?

Answer 6

provaction

Question 7

what does s.54 (1)(a) dictate?

Answer 7

loss of control- d must have clearly lost his control when kills. If there is evidence of composure could/will lose defence.

Question 8

because old act has been updated what has it done?

Answer 8

defendant before needed to lose control sudden and immediately but new act has no requirement of this. make it easier for defence for cases like ahuwalia.

Question 9

cases of delay in time l.o.c?

Answer 9

r v baille , r v ibrahms

Question 10

what is s.54 (1)(b)

Answer 10

qualifying trigger

Question 11

what are the sections of the two qualifying triggers?

Answer 11

s. 55(3)

s. 55(4)

Question 12

what is s.55 (3)?

Answer 12

d had fear of serious violence from v against d or another person?

Question 13

what type of test is s.55 (3)?

Answer 13

subjective- judge has to believe d had such fear of serious violence

Question 14

what is s.55 (4)?

Answer 14

did something said/done or both were extremely grave character and it caused d to have a justifiable sense of being seriously wronged.

Question 15

what type of test is s.55 (4)?

Answer 15

objective and subjective- judge makes decision if grave (average p) but subjective taking into account characteristics.

Question 16

if have neither q.ts then try?

Answer 16

d.r

Question 17

what are exclusions of this defence?

Answer 17

s.55 (6)(a) & s.55(6) (b)

Question 18

what is s.55 (6)(a)?

Answer 18

d has used thing said or done as excuse to use violence

Question 19

what is s.55(6)(b)?

Answer 19

trigger for loss of control is sexual infidelity

Question 20

what is s.55 (6)(a) case?

Answer 20

r v johnson

Question 21

what is s.55(6)(b) case?

Answer 21

r v clinton

Question 22

what is objective element of this defence section?

Answer 22

s.55 (1)(c)

Question 23

what is objective element of this defence?

Answer 23

person of their sex and age with normal degree of tolerance and self restraint and in their circumstances might have acted same/similar way if no= no defence if yes= defence. mental not incl.

Question 24

case for objective test?

Answer 24

r v holley/r v clintion

Question 25

if l.o.c fails and succeeds?

Answer 25

if fails d = murder if succeeds d = v m/s.

Question 26

what is diminished responsibility?

Answer 26

looking for defendants killing state

Question 27

what act is d.r unde?

Answer 27

coroners justice act 2009 s.52 ammending homicide act 1957 s.2

Question 28

what is s.52 (1)?

Answer 28

d suffers “abnormality of mental functioning”

Question 29

leading case for abnormality of mental functioning and other?

Answer 29

r v byrne and r vhaddon

Question 30

what is s.52 (2)

Answer 30

arose from recognised medical condition- if classified on WHO then accepted

Question 31

what are the examples and cases of recognised medical conditions?

Answer 31

chronic depression -gittins
battered woman syndrome- ahuwalia
mental deficiency- speake

Question 32

what is s.52 (1)(b)?

Answer 32

substantially impaired d’s ability to do one or more od the things mentioned in subsection 1a

Question 33

what is leading case for s.52 (1)(b)?

Answer 33

egan- not trivial total impairment

Question 34

what does URS 1A stand for?

Answer 34

U- understand nature of d’s conduct
R- to form a rational judgement
S- to excercise self control

Question 35

what is the last part of d.r?

Answer 35

provides an exp for d’s acts and omission in doing or beinf party of killing-must have abnormality that is operative cause when d kills (Q OF CAUSATION).

Question 36

what can complicate last part of d.r?

Answer 36

if intoxication present

Question 37

what do you do if intox present?

Answer 37

jury would seperate intox from d.r and consider effects of d.r only if no murder charge conviction..

Question 38

what happened in tandy /r v woodcase (intox)?

Answer 38

court agreed if alcholism cause brain damage than this could come under recognised med an defence pleaded.