Murder Flashcards
What two defences are murder to voluntary man slaughter
Loss of control and diminished responsibility
What is the definition of loss of control
D has been provoked (coroners and justice act 2009)
What is stage 1 for loss of control
D must have lost their control
What does Gregson state
You take into account d’s circumstances
What is stage 2 for loss of control
Loss of control must be caused by a qualifying trigger
What are the 2 qualifying triggers for loss of control
Fear trigger and anger trigger
What does the fear trigger state
D has a fear of serious violence
What does pearson state
The violence need not be directed at D
What is the case for the anger trigger
Hatter
What is the first stage for the anger trigger
Things said or done
What is the second stage of the anger trigger
Does the things said or done amount to circumstances of a grave character
What is the third stage of the anger trigger
Caused D to have a justifiable sense of being wronged
What is stage 3 of loss of control
What a person of the same age and gender with a normal degree of tolerance have reacted in the same way
What is the side rule for loss of control
Sexual infidelity (Clinton)
What does Clinton state (sexual infidelity)
If there is only sexual infidelity the defence is lost, must be another provoking factor
