Vol M/s Flashcards
DIMINISHED RESPONSIBILITY
Created by the homicide act 1957 and amended by criminal justice act 2009
Special/partial defence to voluntary manslaughter
Maximum of life
Not to be convicted of murder if:
1) They have an abnormality of mental functioning (Byrne)
2) Caused by a recognised medical condition (world health org)
3) abnormality must have substantially impaired def (golds) ability to nature, rational judgement, exercise self control
4) provide an explanation for the conduct
Abnormality of mental functioning
Byrne test- ‘state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal’
Recognised medical condition
AMF must be caused by RMC (found in world health organisation list)
AMF must have ‘substantially impaired’ (test)
Test for substantially impaired (golds)
Impairment? If so did it make a great difference?
If yes= substantial
Substantially impaired ability to:
Understand the nature of conduct
Form a rational judgment
Exercise self control
Provide an explanation for conduct
A significant contributory factor more than a trivial factor (osbourne)
LOSS OF CONTROL
Criminal justice act 2009
Special/partial defence to vol m/s
Maximum of life
Def must bring in some evidence for the prosecution to disprove beyond reasonable doubt
No longer has to be a sudden loss of control (aluwhalia)
Qualifying triggers- fear of serious violence
Subjective test
Defendant must show that they feared victim would use serious violence
Qualifying triggers- anger/ things said or done
Must be extremely grave/justifiably wronged
Objective test - would the reasonable person see the circumstances as extremely grave (zebedee)
Excluded triggers
Revenge (ibrams &Gregory) Sexual infidelity (Clinton)
Final Q
Would a person of the same age and sex with abnormal degree of tolerance and self restraint and in the circumstances acted in the same way?
