Defences To Murder Flashcards
what act was diminished responsobilities established in
coroners and justice act 2009
stage 1 of DR?
the defendent must be suffering from a abnormality of mental functioning which arised from a recognised medical conditions
what did bryne define
astate of mind so different from that of an ordinary human being that the reasonable man would term it abnormal.
recognised medical conditions
1)battered wives syndrome -hobson
2)epilepsy-campbell
3)chronic depression -seers
4)pre menstural tension-smith
5)drug and alchol dependancy -stewart
6)irresistable impulses-bryne
7)paranoia- martin
stage 2 of DR
the abnormality must be substantially impaire defendants ability to
a)form rational judgments
b)understand the nature of there conduct
c)exercise self control
what did the case golds establish
that the abnormality has to be weighty
stage 3 of DR
that the abnormality must establish the reason for killing
homocide act 1957
the abnormality must be a significant contributory factor in the killing via the defendant
side rule for stage 3 DR
intoxication/drugs -if the defendant was suffering from an abnormality and is intoxicated at the same time the jury must ignore the drinking and consider the abnormality alone
what act determined loss of control
coronors and justice act (s54)
stage 1 OF LOSS OF CONTROL
defendant must have lost there control
does not need to be sudden but the longer the delay the less likely they are to recieve the defence
what did the case of gregson determine
you must tske into consideration the defendants circumstances
stage 2 loss of control
loss of control must be due to a qualifying trigger
2 stages of qualifying trigger are
fear trigger (pearson)-the defendent must have genuine fear for themselves but the violence does not need to be directed at them
anger trigger (hatter)
3 stages in anger trigger
1 things said or done to provoke d
2 amoumting to circumstances of an extreme grave charecter affecting the deffendant
3 defendant must have a justifiable sense of being wronged
