Partial Defences to Murder

Question 1

What are the two partial defences to murder?

Answer 1

Diminished Responsibility

Loss of Control

Question 2

What is the reduced liability if defence successful

Answer 2

Voluntary Manslaughter

Question 3

What is Voluntary Manslaughter?

Answer 3

Means both actus rea and mens rea for murder present but circumstances reduce charge to manslaughter

Question 4

What is Loss of Control

Answer 4

Provocation

Not subjectively assessed

Jury decide

Question 5

Which Acts define Loss of Control

Answer 5

s54(1) Criminal Justice Act 2009

Replaced

s3 Homicide Act 1957

Question 6

What are the three elements of loss of control

Answer 6

At time of killing D suffered loss of control

There was a qualifying trigger s55 CJA 2009

Someone of same sex and age with normal degree of tolerance and same circumstances might act the same way

Question 7

Which cases show gender imbalance under loss of control

Answer 7

Holley [2005]

Declined to use the judgement in

Smith (Morgan James [2001]

Only characteristics take into account were age and sex

Question 8

LoC - Case which affirms s54(2) CorJA 2009

Answer 8

Ahluwalia [1992]

loss of self control need not be sudden

Slow burn reaction to domestic abuse no longer prove loss of control sudden

Compare Davies [1975]

Question 9

LoC - Case which affirms s55(6)(c) CorJA 2009

Answer 9

Infidelity not regarded as a defence to loss of control

Clinton [2012] Sexual fidelity disregarded unless other trigger

Question 10

LoC - Case of revenge killing

Answer 10

Ibrams [1981]

Considered desire for revenge

Cooling off period between the qualifying trigger and the killing may be fatal to D’s defence

Planned killing - murder with no defence

Question 11

LoC - What was decided in the case of Pearson [1992]

Answer 11

There must be a real fear of violence

Subjective test

Question 12

LoC - What was decided in case of Duffy [1967]

Answer 12

Loss of control has to be sudden and temporary

Only hot blooded killings can attract the defence

Question 13

What is Diminished Responsibility

Answer 13

D has a recognised medical condition

This caused D to suffer an abnormality of the mind

Which substantially impaired D’s ability to understand the nature of D’s conduct

Question 14

Which case defined Diminished Responsibility

Answer 14

Seers [1984]

D’s acts or omissions explained by abnormality of mental functioning

Question 15

Which acts defined Diminished Responsibility

Answer 15

s2 Homicide Act [1957]

As amended

s52 CorJA 2009

Question 16

DR - Who has the burden of proof?

Answer 16

The burden of proof is on the D to prove defence

Question 17

Name two cases of Diminished Responsibility

Answer 17

Brennan [2014]

Unchallenged medical evidence will withdraw liability of murder from jury

Gittens [1984]

Included clinical depression

Question 18

DR - Name three cases where drinking was involved

Answer 18

Impaired self control

Dietschmann [2003] - There can be more than one cause of the killing. Look at facts of case.

Stewart [2009] - Alcoholism different levels of severity

Dowds [2012] Tried to claim acute intoxication medical condition

Question 19

DR - What was decided in the case of Byrne [1960]

Answer 19

D’s state of mind is so different to that of an ordinary person that the reasonable person would term it abnormal

Question 20

DR - Explain Impairment

Answer 20

s2 (1)(b) HA 1957

D’s impairment of one or more things mentioned in s2 (1a)

Question 21

DR - Explain substantial

Answer 21

impairment must have been greater than it would be if experienced by a reasonable person

Question 22

DR - Sentencing options

Answer 22

Imprisonment
Hospital Order
Guardianship