Murder: Partial defences Flashcards
(36 cards)
What is voluntary manslaughter
A partial defense to murder that requires AR and MR for murder but culpability is reduced through loss of control or diminished responsibility.
What happens procedurally when a defendant offers a plea of guilty to manslaughter on grounds of Loss of Control or Diminished Responsibility
If the plea accepted → no trial judge has full discretion in sentencing; if the plea rejected → tried for murder jury decides re partial defense.
What issue was highlighted in the Doughty case regarding provocation
The old defense of provocation was problematic as it was seen as victim blaming (in this case a crying baby).
What are the three requirements for Loss of Control partial defense that must all be satisfied
1) Loss of self-control 2) A qualifying trigger 3) The objective element.
How is loss of self-control defined in the case of Jewell
The loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning.
What did the court rule about the threshold for loss of control in Dawes
For normal capacity of self-restraint and tolerance. Unless extremely grave, normal irritation and even serious anger often do not cross the threshold.
What did the court rule about the requirement for a frenzied act in Islam
No requirement for a frenzied act in loss of control defense.
Why is revenge excluded from Loss of Control defense
The greater the level of deliberation the less likely killing is true loss of self-control.
What are the two qualifying triggers for Loss of Control
1) Fear of serious violence from V against D or another identified person 2) A sense of being seriously wronged by things said or done.
What elements make up the test for “seriously wronged” in Loss of Control
Things said or done not necessarily by V; D must feel personally wronged (partly subjective); feelings must be objectively justifiable (partly objective).
What is the objective element test in Loss of Control
A person of D’s sex and age with a normal degree of tolerance and self-restraint and in the circumstances of D might have reacted in the same or similar way to D.
How does voluntary intoxication affect the objective element in Loss of Control
Voluntary intoxication is not a relevant circumstance in assessing the objective element.
What triggers are specifically to be disregarded in Loss of Control
D’s fear of serious violence/sense of being wronged is specifically to be disregarded if incited by D to have an excuse to act or in the case of sexual infidelity.
What statute governs Diminished Responsibility
Section 52 Coroners and Justice Act 2009.
What are the three requirements for Diminished Responsibility under s52 Coroners and Justice Act 2009
D was suffering from an abnormality of mental functioning which: 1) arose from a recognised medical condition 2) substantially impaired D’s ability to do one or more specified things 3) provides an explanation for D’s acts and omissions.
What three abilities can be impaired under s52(1A) Coroners and Justice Act 2009
1) To understand the nature of D’s conduct 2) To form a rational judgment 3) To exercise self-control.
What constitutes an “explanation” under s52(1B) Coroners and Justice Act 2009
An abnormality of mental functioning provides an explanation if it causes or is a significant contributory factor in causing D to carry out that conduct.
How does the current definition of abnormality of mental functioning differ from the previous law
Previous definition was ‘abnormality of mind’ expansion to “mental functioning” includes diseases such as chronic alcoholism or concussion.
Does a mental condition need to be enduring to qualify for Diminished Responsibility
No it doesn’t have to be an enduring mental condition - just at the time of the homicide (such as concussion).
Does a mental condition need to be diagnosed at the time of the homicide to qualify for Diminished Responsibility
No it doesn’t have to be diagnosed at the time of the action as long as experts decided it was occurring.
What evidence is required for Diminished Responsibility
Expert evidence is required.
What does “recognised medical condition” include and exclude for Diminished Responsibility
No statutory definition; WHO listing doesn’t mean it has to be accepted by law; emerging conditions could be admissible; no requirement for seriousness of condition; does not include e.g. low intelligence emotional immaturity.
Is just having a recognised medical condition sufficient for Diminished Responsibility
No just having the condition is insufficient; the abnormality of mental functioning must disrupt one or more specified abilities.
