Unit 3 – Partial defences to murder

Question 1

What are the requirements for loss of control?

Answer 1

1) D Kills V as a result of loss of control;
2) This loss of control has a qualifying tigger;
3) Someone of D’s sex and age with normal tolerance and self-restraint would have acted similarly.

Question 2

What is “loss of control”?

Answer 2

Loss of the ability to act in accordance with considered judgement or loss of normal powers of reasoning.

Does not need to have been sudden.

Question 3

What are the qualifying triggers?

Answer 3

1) FEAR TRIGGER

– D feared serious violence from V
– Fear cannot have been caused by something D incited in order to justify D’s violence

2) ANGER TRIGGER

– Things said or done which:

a) constitute circumstances of an extremely grave character

b) caused D to have a justifiable sense of being seriously wronged

– Cannot be V’s sexual infidelity (however V’s sexual infidelity does not prevent other possible triggers being used as evidence for D’s loss of control)

Question 4

Can either of the tiggers be caused by a considered desire for revenge for the defence to apply?

Answer 4

NO.

Question 5

for the third requirement “someone of D’s sex & age with normal tolerance”, can the comparator be drunk?

Answer 5

No – comparator must be considered sober.

Question 6

Burden of proof for loss of control…

Answer 6

Defence. If they raise it, they must prove it on the balance of probabilities.

Question 7

Requirements of diminished responsibility

Answer 7

1) D was suffering from an abnormality of mental functioning
2) which arose from a recognised medical condition
3) Which substantially impaired D’s ability to do certain things
4) Provides an explanation for D’s acts in killing V

Question 8

for 4) must there be a direct causal link from D’s medical condition to the killing of V?

Answer 8

Yes.