Murder Flashcards

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1
Q

What two defences are murder to voluntary man slaughter

A

Loss of control and diminished responsibility

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2
Q

What is the definition of loss of control

A

D has been provoked (coroners and justice act 2009)

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3
Q

What is stage 1 for loss of control

A

D must have lost their control

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4
Q

What does Gregson state

A

You take into account d’s circumstances

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5
Q

What is stage 2 for loss of control

A

Loss of control must be caused by a qualifying trigger

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6
Q

What are the 2 qualifying triggers for loss of control

A

Fear trigger and anger trigger

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7
Q

What does the fear trigger state

A

D has a fear of serious violence

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8
Q

What does pearson state

A

The violence need not be directed at D

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9
Q

What is the case for the anger trigger

A

Hatter

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10
Q

What is the first stage for the anger trigger

A

Things said or done

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11
Q

What is the second stage of the anger trigger

A

Does the things said or done amount to circumstances of a grave character

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12
Q

What is the third stage of the anger trigger

A

Caused D to have a justifiable sense of being wronged

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13
Q

What is stage 3 of loss of control

A

What a person of the same age and gender with a normal degree of tolerance have reacted in the same way

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14
Q

What is the side rule for loss of control

A

Sexual infidelity (Clinton)

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15
Q

What does Clinton state (sexual infidelity)

A

If there is only sexual infidelity the defence is lost, must be another provoking factor

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