CRIMINAL LAW- voluntary m/s Flashcards
what are the two types of defences in voluntary m/s?
loss of control & diminished responsibility
when is vol m/s loss of control suitable?
still murder but if d is suffering loss of control/diminished responsibility factors accepted instead of murder.
what type of defence is vol m/s?
partial defence /l.o.c and d.r & specific 2 murder
in the intent to kill for l.o.c we must see?
see rage/temper to offer defence.
what act is this defence under?
Coroner Justice Act 2009 s.54
what was l.o.c also known as?
provaction
what does s.54 (1)(a) dictate?
loss of control- d must have clearly lost his control when kills. If there is evidence of composure could/will lose defence.
because old act has been updated what has it done?
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.
cases of delay in time l.o.c?
r v baille , r v ibrahms
what is s.54 (1)(b)
qualifying trigger
what are the sections of the two qualifying triggers?
s. 55(3)
s. 55(4)
what is s.55 (3)?
d had fear of serious violence from v against d or another person?
what type of test is s.55 (3)?
subjective- judge has to believe d had such fear of serious violence
what is s.55 (4)?
did something said/done or both were extremely grave character and it caused d to have a justifiable sense of being seriously wronged.
what type of test is s.55 (4)?
objective and subjective- judge makes decision if grave (average p) but subjective taking into account characteristics.
if have neither q.ts then try?
d.r
what are exclusions of this defence?
s.55 (6)(a) & s.55(6) (b)
what is s.55 (6)(a)?
d has used thing said or done as excuse to use violence
what is s.55(6)(b)?
trigger for loss of control is sexual infidelity
what is s.55 (6)(a) case?
r v johnson
what is s.55(6)(b) case?
r v clinton
what is objective element of this defence section?
s.55 (1)(c)
what is objective element of this defence?
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.
case for objective test?
r v holley/r v clintion
if l.o.c fails and succeeds?
if fails d = murder if succeeds d = v m/s.
what is diminished responsibility?
looking for defendants killing state
what act is d.r unde?
coroners justice act 2009 s.52 ammending homicide act 1957 s.2
what is s.52 (1)?
d suffers “abnormality of mental functioning”
leading case for abnormality of mental functioning and other?
r v byrne and r vhaddon
what is s.52 (2)
arose from recognised medical condition- if classified on WHO then accepted
what are the examples and cases of recognised medical conditions?
chronic depression -gittins
battered woman syndrome- ahuwalia
mental deficiency- speake
what is s.52 (1)(b)?
substantially impaired d’s ability to do one or more od the things mentioned in subsection 1a
what is leading case for s.52 (1)(b)?
egan- not trivial total impairment
what does URS 1A stand for?
U- understand nature of d’s conduct
R- to form a rational judgement
S- to excercise self control
what is the last part of d.r?
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).
what can complicate last part of d.r?
if intoxication present
what do you do if intox present?
jury would seperate intox from d.r and consider effects of d.r only if no murder charge conviction..
what happened in tandy /r v woodcase (intox)?
court agreed if alcholism cause brain damage than this could come under recognised med an defence pleaded.
