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Criminal Law > Partial Defences to Murder > Flashcards

Partial Defences to Murder Flashcards

1
Q

what do partial defences do

A

reduce murder to voluntary manslaughter

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2
Q

what are the 2 types of voluntary manslaughter

A

-Diminished Responsibility
-Loss of Control

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3
Q

who has to prove DR and by what standard

A

-D/defence has to prove DR due to internal mental conditions
-to the balance of probabilities

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4
Q

where is law for DR found

A

s.2(1) Homicide Act 1957 , as amended by s.52 Coroners and Justice Act 2009

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5
Q

what is stated in s.2(1) HA 1957 as amended by s.52 CJA 2009

A

-no murder conv if D suffering from abnormality of mental functioning which -
(a) arose from a recognised medical condition
(b) substantially impaired D’s ability to do one or more of things in subsection 1A
(c) provides explanation for D’s acts/omissions in doing/ being a party to killing

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6
Q

what abilities must be substantially impaired in subsection 1A

A

-1A(a) to understand nature of Ds conduct
-(b) form rational judgement
-(c) exercise self - control

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7
Q

give legal principles and cases regarding s.2(1) abnormality of mental functioning

A

-Byrne; ‘abnormality of mind’ = state of mind so different to that of ordinary human beings that a RP would term it abnormal

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8
Q

give 5 legal principles and cases regarding s.2(1)(a) recognised mental condition

A

-must be accepted by one of two international classificatory systems of mental conditions
-R v Vinagre; Othello syndrome
-Gen rule that acute vol/intox not capable of DR except in R v Dowds
-no requirement for seriousness
-R v Hobson; battered womens syndrome

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9
Q

which name the 2 international classificatory systems of mental conditions

A

-World Health Org International Classificatioon of Disease(ICD - 11)
-American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM-V)

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10
Q

what happened / is the legal principle in R v Vinagre

A

-DR defence succeeded with Othello syndrome

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11
Q

what happened / is the legal principle in R v Dowds

A

-generally acute vol/intox not capable of DR but
-R v Dowds; Cts said in some cases medical classification will be necessary but not always sufficient condition to raise DR
-vol/intox still sufficient

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12
Q

what happened / is the legal principle in R v Hobson

A

-battered women’s syndrome = sufficient, murder conv quashed

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13
Q

give 5 legal principles and cases regarding s.2(1)(b) substantial impairment (not 1A)

A
  • no need for complete deprivation of ability
    -Golds; substantial = significant/weighty but do not direct jury to this
    -R v Dietschemann; can successfully plead DR even if vol/intox IF AoMF caused by internal factors is sufficient of itself to subst/imp ability
    -Wood and Stewart; alcoholism must be involuntary
    -R v Blackman; self-control may be substantially/imp even if not externally seen
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14
Q

what happened / is the legal principle in Golds

A

-UKSC say substantial = significant/ weighty not ‘more than merely minimal’ but jury does not need to be directed on this meaning

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15
Q

what happened / is the legal principle in R v Dietschemann

A

-can successfully plead DR, even if vol/ intox, IF AoMF caused by internal factors is sufficient of itself to substantially/imp responsibility
-L.Hutton says ask was D’s abnormality of mind such that he would have been under DR anyway, if sober

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16
Q

what happened / is the legal principle in Wood and Stewart

A

-confirmed alcoholism must be invol

17
Q

what happened / is the legal principle in R v Blackman

A

-self control may be sufficiently impaired even if not externally discernable

18
Q

give legal principles and cases regarding s.2(1)(c) explains D’s act/omission

A

-must find link between AoMF and V’s death
-need not be sole cause of D’s conduct
-

19
Q

where does the law of Loss of Control come from

A

s.54 Coroners and Justice Act 2009

20
Q

what is LoC available for

A

ONLY murder

21
Q

for LoC who has the burden to prove what

A

-prosecution has burden to prove beyond reasonable doubt that 1 or more elements of defence is absent

22
Q

what is s.54(1) CAJA 2009

A

-D not convicted of murder if
(a) D’s act/omission in doing/being party to the killing resulted from D’s LoC
(b) LoC had a qualifying trigger
(c)person of D’s sex/age with a normal degree of balance and self restraint in circs of D might have reacted in the same/similar way to D

23
Q

give 7 legal principles regarding s.(54)(1)(a) D’s act/omission resulted from LoC

A

-subjective/factual test if D actually lost self control
-s.54(2); may be delay between triggering event + killing
-LoC must exist at time killing occurs
-must be inability to maintain not just a mere failure
-R v Richens; no requirement for complete LoC
-longer gaps between QT +killing not necessarily bar to defence
-R v Jewell; no defence if desire for revenge

24
Q

what happened/ is the legal principle in R v Richens

A

-conv quashed as no requirement for complete loss of self control

25
Q

what happened/ is the legal principle of R v Jewell

A

-LoC does not apply if there is a considered desire for revenge

26
Q

what is s.55(5) CAJA 2009

A
  • 2 qualifying triggers can be satisified in their own right or combination
27
Q

what is ss.55(2) (in relation to s.54(1)(b)

A

-LoC attributable to D’s fear of serious violence from V against D or another identifiable person
-no need for actual violence, D can incorrectly apprehend it

28
Q

what is s.55(6) CAJA 2009

A

-when determining whether a LoC had a QT-
(a) unavailable where D’s fear caused by thing D incited as an excuse for violence
(b)sense of being seriously wronged by a thing done/ said is not justifiable
(c)the fact a thing done/said constituted sexual infidelity is to be disregarded

29
Q

what is s.55(4) in relation to s.54(1)

A

-LoC attributable to things done/said which
(a) constituted circs of an extremely grave character
or (b) caused D to have a justifiable sense of being wronged

30
Q

how are circs of EGC (s.55(4) determined

A

-objective test but statute unclear what EGC means

31
Q

which 4 cases confirmed it to be an objective test for a justifiable sense of being wronged s.55(4)(b)

A

-Clinton; infidelity
-Dawes;incited by D
-Hatter; breakup
-Bowyer; D was a burglar so no EGC , no LoC

32
Q

what happened / legal principle in R v Rejmanski

A

-D’s mental condition ca be taken into account when deciding whether things done/said to D constituted sense of being seriously wronged
-NOT relevant to D’s capacity to exercise SC

33
Q

how must s.54(1)(c) be considered

A

must be read in conjunction with s.54(3)(1)(c); all of D’s circs must be considered

34
Q

what 2 part test does s.54(1)(c) and s.54(3)(1)(c) make

A
  1. s.54(3)(1c), subjective; consider ALL of D’s circs (impact of QT and any other circs on the D
  2. s.54(1)(c), objective; in light of those circs, assess D’s general capacity for tolerance/ self control to RP standard
35
Q

what is the principle of Camplin for LoC

A

jury can take into account any of D’s characteristics that made him susceptible to QT

Criminal Law (17 decks)

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