Partial Defences AO1

Question 1

Define loss of control, what case?

Answer 1

R v Jewell - loss of ability to act in accordance with considered judgement

Question 2

S54(2) Coroners & justice act 2009, what cases?

Answer 2

Clinton - doesnt need to be sudden, just needs to be lost

Dawes - may result from cumulative impact of earlier events. Reactions can never delayed

(Used to have to be sudden and temporary in homocide act)

Question 3

S54(4) coroners & justice act 2009

Answer 3

Revenge is not a defence
More deliberate = less likely to have lost control

Question 4

S45(6) coroners and justice act 2009
+ what case

Answer 4

Self induced loss of control is not a defence - Dawes

Question 5

R v Dawes

Answer 5

D claimed for loss of control but was denied as he initiated violence by stabbing man who had sex with wife

Question 6

3 qualifying triggers and section number for 2nd trigger

Answer 6

1. Fear of serious violence resulting in LOC
2. Anger - s55(4) things said or done of grave character (objective test)
3. Combination of both

Question 7

Cases for qualifying triggers

Answer 7

Doughty - crying baby was held to amount to provocation previously in homocide act, not anymore!

Hatter - breakup= not qualify

R v Mohammed - killing daughter in honour, killing= failed reasonable man test, his own perception irrelevant

Question 8

Combination of fear/anger restrictions

Answer 8

S55(6)(c) - sexual infidelity itself is not a qualifying trigger, but circumstances surrounding may be considered (Clinton)

Question 9

What happens after deciding qualified trigger for cause of loss of control

Answer 9

Objective test - would a person of same sex and age react in the same way

Question 10

S54(3) + case

Answer 10

For objective test, take into account all circumstances apart from those that impact tolerance and self restraint

Asmelash - he was intoxicated but was not considered

Question 11

4 elements of diminished responsibility

Answer 11

• D suffering from abnormality of mental functioning
• arises from recognised medical condition
• substantially impaired ability
• provides explanation for D’s action in killing

Question 12

R v Byrne

Answer 12

State of mind so different a reasonable person would call it abnormal

Question 13

Arose from medical condition cases (3)

Answer 13

Byrne - psychopathy
Gittens - chronic depression
Paranoia - martin