Unit 3 - Homicide and the Partial Defences to Murder

Question 1

What must the defence prove to show the partial defence of DR? (and there can we find this information?)

Answer 1

1. an abnormality of medical functioning
2. the above being caused by a recognised medical condition
3. substantially impaired the defendants ability to do 1 of 3 things
   (a) understand the nature of their conduct
   (b) to form a rational judgement
   (c) to exercise self control
4. the above provides an explanation for the defendants acts and omissions in doing or being party to the killing

Found in S 52(1) in Coroners and Justice Act 2009

Question 2

What must the defence prove to show the partial defence of LOC? (and there can we find this information?)

Answer 2

1. The defendant must loose control
2. The loss of control must have a qualifying trigger
3. A person of the defendants sex and age, with a normal degree of tolerance and self restraint and in the same circumstances, ight have reacted in the same way of similar way to the defendant

Found in S 54 and 55 in Coroners and Justice Act 2009 (ALSO S 56 abolishes the old version of this defence ‘provocation’)

Question 3

What must we show to constitute a Trigger? (and there can we find this information?)

Answer 3

Meaning of Qualifying trigger is found in S 55 of the CJA 2009

1) This section applies for the purposes of section 54.
(2) A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
(3) This subsection applies if D’s loss of self-control was attributable to D’s fear of serious violence from V against D or another identified person.
(4) This subsection applies if D’s loss of self-control was attributable to a thing or things done or said (or both) which —
(a) constituted circumstances of an extremely grave character, and
(b) caused D to have a justifiable sense of being seriously wronged.
(5) This subsection applies if D’s loss of self-control was attributable to a combination of the matters in 3 and 4 above