Partial Defences to Murder

Question 0

Definition of Diminished Responsibility

Answer 0

Abnormality of mental functioning which:

a) arises from a recognised medical condition
b) substantially impaired D to understand nature of conduct, form a rational judgement or exercise self control
c) provides explanation for D’s acts

Question 1

Statue for Diminished Responsibility

Answer 1

S.2 of Homicide Act 1957 and amended in Coroners and Justice Act 200

Question 2

Examples of Diminished Responsibility

Answer 2

Bryne- irresistible impulses covered medical condition
Wood- alcohol dependency syndrome
Dietschman- intoxication alone can’t be used, but along with a recognised medical condition (in this case depression) it’s still used as a contributing factor

Question 3

Statue for Loss of Control

Answer 3

Replaced defence of provocation in s.54 Coroners and Justice Act 2009

Question 4

Definition of Loss of Control

Answer 4

a) D’s acts resulted from a loss of self control
b) the loss of control had a qualifying trigger
c) a person of the D’s sex and age would have acted in the same way under the same circumstances

Question 5

Qualifying Trigger defined in s55 of CAJA 2009

Answer 5

D feared serious personal violence
Things said or done constituted to a extremely grave character or caused to D to have a justifiable sense of being wronged

Question 6

Examples of Loss of Control

Answer 6

Martin- D felt a justifiable sense of being wronged and was in fear of serious personal violence
Doughty - baby crying wasn’t enough to feel wronged
Camplin- compared to 15 year old boy with history of sexual abuse

Question 7

Sentences with Partial defences

Answer 7

Maximum life with judicial discretion