p.15
Partial Defences: Loss of Control
What role does sexual infidelity play in the context of the loss of control defense?
It can be taken into account as part of the overall context but cannot be relied upon on its own as a qualifying trigger.
p.2
Legal Framework for Murder
What is the legal consequence of a murder conviction?
A mandatory life sentence.
p.5
Partial Defences: Diminished Responsibility
What is diminished responsibility?
A statutory defence set out in s 2 of the Homicide Act 1957, amended by s 52 of the CJA 2009.
p.6
Actus Reus and Mens Rea in Homicide
What must the prosecution prove in a homicide case?
The actus reus and mens rea of homicide beyond a reasonable doubt.
p.11
Partial Defences: Loss of Control
How has the understanding of domestic violence victims influenced the law?
The law changed to allow defendants to prove they lost control at the time of the killing, even if the reaction built up over time.
p.5
Types of Homicide: Murder and Manslaughter
What does the flowchart in Figure 4.2 illustrate?
The relationship between murder and manslaughter.
p.9
Partial Defences: Loss of Control
What does the loss of control defence acknowledge about defendants?
That they are less morally culpable than deliberate murderers.
p.9
Partial Defences: Loss of Control
Can loss of control be pleaded for crimes other than murder?
No, it only applies to murder.
p.11
Partial Defences: Loss of Control
In the example of Eithne, what indicates a clear loss of control?
Eithne 'snaps' and reacts instantly to Aaron's assault by stabbing him.
p.7
Partial Defences: Diminished Responsibility
In the case of Dwayne, why was he unable to plead diminished responsibility after stabbing Lionel?
Dwayne was acutely intoxicated from illegal substances and did not suffer from alcoholism or a dependency-related condition.
p.6
Partial Defences: Diminished Responsibility
What classification systems are used to determine recognised medical conditions?
Accepted classification systems such as the World Health Organisation’s International Classification of Diseases.
p.10
Partial Defences: Loss of Control
What is the burden of proof for the defence of loss of control?
The conventional burden of proof applies; the accused must produce some evidence, after which the burden shifts to the prosecution to disprove loss of control beyond reasonable doubt.
p.16
Partial Defences: Loss of Control
In the example of Jay, why would the partial defense fail?
A 19-year-old male with normal self-restraint would not stab someone for a polite smile.
p.1
Actus Reus and Mens Rea in Homicide
What is the common element in all homicide cases?
The unlawful causing of the victim's death by the accused.
p.1
Causation in Homicide Cases
What is the generally accepted legal definition of death?
When the brain stem has died.
p.9
Partial Defences: Diminished Responsibility
What must Daphne show for the defence of diminished responsibility to succeed?
That the homicide was caused by her mental abnormality.
p.5
Actus Reus and Mens Rea in Homicide
What must the prosecution prove for voluntary manslaughter?
That the defendant unlawfully caused the death of a human being and intended to kill or cause grievous bodily harm.
p.2
Legal Framework for Murder
What does a life licence entail for released murder convicts?
They can be recalled to prison if they commit a further offence.
p.5
Actus Reus and Mens Rea in Homicide
What are the two components that must be established for voluntary manslaughter?
Actus reus and mens rea, which are the same as for murder.
p.6
Partial Defences: Diminished Responsibility
What does 'abnormality of mental functioning' refer to in the context of diminished responsibility?
It refers to a mental state that is not typical and is interpreted widely, often determined by expert medical evidence.
p.15
Partial Defences: Loss of Control
What is a key limitation regarding the use of sexual infidelity in loss of control cases?
It cannot be the sole qualifying trigger but may be part of a broader context.
p.16
Partial Defences: Loss of Control
What is the third element of the loss of control defense?
It requires a similar reaction of a person of the same age and sex as the defendant.
p.7
Partial Defences: Diminished Responsibility
What is the role of medical evidence in cases of diminished responsibility?
Medical evidence is crucial in determining whether a defendant's mental responsibility was substantially impaired due to a recognized medical condition.
p.11
Partial Defences: Loss of Control
What was the initial outcome of R v Ahluwalia regarding the defendant's liability?
Ahluwalia was unsuccessful in reducing her criminal liability to manslaughter because the loss of control had to be sudden.
p.3
Judicial Interpretation of Intent in Homicide
What is indirect or oblique intent?
When death or serious harm is not the primary aim, but is a virtually certain consequence of the defendant's actions.
p.6
Partial Defences: Diminished Responsibility
What are the four elements required to successfully plead diminished responsibility?
1. Abnormality of mental functioning; 2. Arising from a recognised medical condition; 3. Substantially impairing the defendant’s ability to understand their conduct, form rational judgment, or exercise self-control; 4. Providing an explanation for the defendant’s act or omission in the killing.
p.6
Partial Defences: Diminished Responsibility
What is the standard of proof required from the defendant to establish diminished responsibility?
On a balance of probabilities, meaning it must be more likely than not that they were suffering from diminished responsibility at the time of the killing.
p.5
Actus Reus and Mens Rea in Homicide
What is the significance of the actus reus and mens rea in voluntary manslaughter?
They must be proven before considering any partial defences.
p.7
Partial Defences: Diminished Responsibility
How does voluntary intoxication affect the plea of diminished responsibility?
An offender who voluntarily takes alcohol or drugs is generally not excused from responsibility for their actions.
p.5
Partial Defences: Diminished Responsibility
What is the outcome if a partial defence is successful in a homicide case?
The accused is still liable for voluntary manslaughter.
p.2
Causation in Homicide Cases
What must the prosecution prove regarding the defendant's role in a homicide?
That the defendant was both the factual and legal cause of the victim’s death.
p.8
Partial Defences: Diminished Responsibility
What must be established for a defendant to claim a partial defence in homicide?
The defendant must show that there is a substantial impairment of their mental functioning.
p.8
Partial Defences: Diminished Responsibility
How did the Supreme Court define 'substantial' in the context of impairment?
The term 'substantial' means 'important or weighty'.
p.8
Partial Defences: Diminished Responsibility
What is the significance of the jury's role in determining substantial impairment?
Whether there has been a substantial impairment is a question of fact for the jury.
p.3
Judicial Interpretation of Intent in Homicide
What factors might determine Parman's intent in the firework incident?
Time of day, power of the firework, and whether Parman was aware Toby was in the house.
p.2
Actus Reus and Mens Rea in Homicide
What does 'grievous bodily harm' mean in the context of murder?
It means 'really serious harm'.
p.8
Partial Defences: Diminished Responsibility
What example illustrates a lack of understanding of the nature of conduct in a homicide case?
Shuhab stabs his friend believing he will come back to life, showing he does not understand the fatal consequences.
p.1
Legal Framework for Murder
What constitutes a lawful killing in the context of homicide?
A killing that is justified, such as a police officer shooting a terrorist to prevent a crime.
p.9
Partial Defences: Diminished Responsibility
What condition does Daphne suffer from in the case example?
Paranoid personality disorder.
p.11
Partial Defences: Loss of Control
What are the two scenarios where a loss of control may be recognized?
1. The defendant 'snaps'; 2. Their reaction is a response to a culmination of events, such as incidents of abuse.
p.13
Qualifying Triggers for Loss of Control
What are the two qualifying triggers introduced by the CJA 2009?
The 'fear' and 'anger' triggers.
p.13
Qualifying Triggers for Loss of Control
What must the loss of control be attributed to for the qualifying triggers to apply?
It must be the result of one of the qualifying triggers or a combination of both.
p.13
Qualifying Triggers for Loss of Control
Can a defendant rely on the loss of control defense if they incited the situation?
No, the defendant cannot rely on the triggers if they incited the situation.
p.2
Actus Reus and Mens Rea in Homicide
What is the actus reus of murder?
Causing the death of a human being.
p.8
Partial Defences: Diminished Responsibility
What is necessary for a defendant to establish a causal link in a partial defence?
The medical condition must provide an explanation for the act of killing.
p.2
Judicial Interpretation of Intent in Homicide
What was the significance of the case R v Moloney?
It provided guidance on determining the necessary intent in murder cases.
p.9
Partial Defences: Diminished Responsibility
What does diminished responsibility require to be established?
An abnormality of mental functioning that substantially impairs the defendant's ability to form a rational judgment, understand the nature of their conduct, or exercise self-control.
p.3
Actus Reus and Mens Rea in Homicide
What is the actus reus for murder?
The unlawful killing of a human being under the Queen’s peace.
p.3
Actus Reus and Mens Rea in Homicide
What is the mens rea for murder?
The intention to kill or cause grievous bodily harm.
p.3
Types of Homicide: Murder and Manslaughter
Can murder be committed recklessly?
No, murder is a crime of specific intent and cannot be committed recklessly.
p.7
Partial Defences: Diminished Responsibility
What is the significance of 'exceptional stressors' in the context of diminished responsibility?
Exceptional stressors can contribute to a defendant's inability to make rational judgments or exercise self-control, impacting their culpability.
p.13
Qualifying Triggers for Loss of Control
How is the defendant's fear assessed under the fear trigger?
It is subjectively assessed; the jury must be satisfied the accused was genuinely afraid, even if the fear is not reasonable.
p.7
Partial Defences: Diminished Responsibility
What condition allowed Dwayne to potentially plead diminished responsibility after killing Lionel?
Dwayne suffered from schizophrenia, and his psychotic state was triggered by voluntary intoxication, allowing for a partial defence.
p.13
Qualifying Triggers for Loss of Control
In the example of Carlos, what triggered his loss of control?
He found his daughter being raped, which caused him to attack the assailant.
p.9
Partial Defences: Diminished Responsibility
Why is criminal law difficult for a lay person to interpret?
It requires an understanding of the processes going through the defendant’s mind, which only an expert is likely to have.
p.2
Causation in Homicide Cases
What is the final element common to all homicide offences?
The accused must cause the death of a human being.
p.9
Partial Defences: Loss of Control
Under what legal framework is loss of control defined?
Sections 54 and 55 of the CJA 2009.
p.15
Qualifying Triggers for Loss of Control
What must D demonstrate to establish a qualifying trigger based on fear?
D must be genuinely afraid due to circumstances of an extremely grave character.
p.13
Qualifying Triggers for Loss of Control
What does the 'fear trigger' under s 55(3) require?
It requires that the loss of control was attributable to the defendant's fear of serious violence from the victim.
p.6
Partial Defences: Diminished Responsibility
What is required for an abnormality of mental functioning to qualify for diminished responsibility?
It must arise from a recognised medical condition supported by medical evidence.
p.13
Qualifying Triggers for Loss of Control
Who initially determines if the defendant's sense of being wronged is justifiable?
The judge determines if it is justifiable before it goes to the jury.
p.6
Partial Defences: Diminished Responsibility
What are some examples of recognised medical conditions that may impact mental state?
Examples include depression, schizophrenia, post-traumatic stress disorder, and physical conditions like diabetes and epilepsy.
p.16
Partial Defences: Loss of Control
What triggers the application of the loss of control defense in Ariana's case?
Ariana's history of sexual abuse and the immediate threat posed by Richard.
p.1
Definition and Scope of Homicide
When does a baby gain protection under the law of homicide?
As soon as it is born and has an existence independent of the mother.
p.3
Mens Rea and Actus Reus in Homicide
What is direct intent in the context of murder?
When death or grievous bodily harm is the defendant’s aim or purpose.
p.11
Partial Defences: Loss of Control
What disqualifies a defendant from claiming loss of self-control?
If the defendant acted in a considered desire for revenge.
p.11
Partial Defences: Loss of Control
What factors may indicate a 'considered' desire for revenge?
1. Arming themselves with a weapon; 2. Evidence of planning; 3. Significant delay between provocation and killing.
p.11
Partial Defences: Loss of Control
Who decides whether the defendant lost control in a case?
The jury, after considering the evidence presented.
p.3
Judicial Interpretation of Intent in Homicide
In the example of Parman and Rick, what was Rick's intent?
Rick directly intends for Toby to die.
p.15
Qualifying Triggers for Loss of Control
What is the significance of the flowchart summarizing qualifying triggers?
It outlines the conditions under which anger or fear can be considered qualifying triggers for loss of control.
p.8
Partial Defences: Diminished Responsibility
Why is it important to establish a causal link between the medical condition and the defendant's behavior?
To ensure that not everyone with a psychiatric condition automatically succeeds in the defence.
p.7
Partial Defences: Diminished Responsibility
What must a defendant demonstrate to claim diminished responsibility under the Homicide Act 1957?
The defendant must show they have a recognized medical condition that substantially impaired their ability to understand their conduct, form rational judgments, or exercise self-control.
p.7
Partial Defences: Diminished Responsibility
What are the three abilities that must be impaired for a successful claim of diminished responsibility?
1) Understanding the nature of their conduct, 2) Forming a rational judgment, 3) Exercising self-control.
p.10
Partial Defences: Loss of Control
How did the Court of Appeal define loss of control in R v Jewell?
As a loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning.
p.5
Partial Defences: Diminished Responsibility
To which offence are partial defences applicable?
They are defences only to murder.
p.15
Partial Defences: Loss of Control
In the case of Dewi, why is he liable for murder despite losing self-control?
Because sexual infidelity alone is disregarded as a qualifying trigger.
p.15
Partial Defences: Loss of Control
What factors contributed to Gawain's potential reduction from murder to voluntary manslaughter?
Taunts about his suicidal thoughts and his wife's attitude towards their children, combined with sexual infidelity.
p.7
Partial Defences: Diminished Responsibility
What was the outcome of the R v Blackman case regarding the defendant's mental state?
Blackman's original murder conviction was overturned on appeal due to psychiatric evaluations indicating he suffered from an adjustment disorder.
p.15
Qualifying Triggers for Loss of Control
What is required for D to have a justifiable sense of being seriously wronged?
D must have an objective sense of being seriously wronged, considering the overall context.
p.2
Actus Reus and Mens Rea in Homicide
What is the mens rea for murder?
Malice aforethought, which means intention to kill or cause grievous bodily harm.
p.15
Qualifying Triggers for Loss of Control
What happens if D incited the situation to provide an excuse for violence?
Neither anger nor fear can be considered as qualifying triggers.
p.16
Partial Defences: Loss of Control
What does the law aim to maintain through standards of behavior?
The rule of law and a peaceful society.
p.16
Partial Defences: Loss of Control
How does the law differentiate between loss of control and diminished responsibility?
By putting 'clear water' between the two partial defenses.
p.10
Partial Defences: Loss of Control
Is there a requirement for the loss of control to be sudden?
No, there is no requirement for the loss of control to be sudden.
p.8
Partial Defences: Diminished Responsibility
What does Section 2 of the Homicide Act 1957 require regarding the defendant's ability?
The defendant's ability to do particular things must be substantially impaired.
p.13
Qualifying Triggers for Loss of Control
What does the 'anger trigger' under s 55(4) pertain to?
It pertains to circumstances of an extremely grave character that cause the defendant to feel seriously wronged.
p.10
Partial Defences: Loss of Control
What are the three components of loss of control as defined in s 54 of the CJA 2009?
1) The defendant must lose self-control; 2) The loss of control must have a qualifying trigger; 3) A person of the defendant’s sex and age, with normal tolerance and self-restraint, might have reacted similarly.
p.16
Partial Defences: Loss of Control
What does section 54(1)(c) of the CJA 2009 state?
A person of D’s age and sex, with normal tolerance and self-restraint, might have reacted similarly to D.
p.10
Partial Defences: Loss of Control
Why could Felipe not rely on the partial defence of loss of control?
Because he planned his wife's death, indicating he did not actually lose self-control.
p.1
Voluntary vs Involuntary Manslaughter
What are the two types of involuntary manslaughter?
Unlawful act manslaughter and gross negligence manslaughter.
p.14
Partial Defences: Loss of Control
What circumstance did Deepak believe justified his actions against Amina?
He believed her relationship would bring shame to his family, constituting a justifiable sense of being seriously wronged.
p.6
Partial Defences: Diminished Responsibility
Can the list of recognised medical conditions change over time?
Yes, it can evolve as medical understanding increases.
p.8
Partial Defences: Diminished Responsibility
In the case of Humphrey, what impaired his ability to form rational judgment?
He was suffering from a neurosis related to a mistaken belief about his daughter.
p.10
Partial Defences: Loss of Control
In the context of loss of control, what must the jury determine?
Whether the particular defendant actually lost self-control.
p.1
Voluntary vs Involuntary Manslaughter
What is involuntary manslaughter?
An offence where the accused causes death without the necessary mens rea for murder.
p.17
Partial Defences: Loss of Control
What triggers Nyofi's reaction that leads to Marnie's death?
Marnie's taunts about Nyofi's sexual orientation and racial background.
p.10
Partial Defences: Loss of Control
What must an accused do to have their murder conviction reduced to manslaughter?
Successfully overcome all three hurdles of loss of control.
p.16
Partial Defences: Loss of Control
Why is age considered in evaluating loss of control?
Younger individuals generally have a lower capacity for self-control and emotional regulation.
p.1
Partial Defences: Diminished Responsibility
What is voluntary manslaughter?
A form of homicide where mitigating factors excuse the defendant’s actions.
p.4
Partial Defences: Diminished Responsibility
What is the significance of the case R v Ahluwalia?
It illustrates the complexity of culpability in homicide, as Ahluwalia was a victim of prolonged abuse before killing her husband, leading to her conviction being reduced to manslaughter.
p.4
Voluntary vs Involuntary Manslaughter
What was the outcome of R v Martin (Anthony)?
Martin was convicted of manslaughter after shooting a fleeing burglar, demonstrating that he was morally culpable despite some sympathy for his situation.
p.14
Partial Defences: Loss of Control
What is the effect of the ruling in R v Clinton regarding sexual infidelity?
Sexual infidelity cannot be relied upon alone as a qualifying trigger, but may be relevant when assessing other potential triggers.
p.8
Partial Defences: Diminished Responsibility
What behavior did Daphne exhibit that suggests a lack of self-control?
She hit her boyfriend over the head in a jealous rage without understanding the nature of her conduct.
p.17
Partial Defences: Loss of Control
What must Ariana satisfy the jury regarding the 14-year-old girl?
That she might have killed her abuser when taunted, considering her normal degree of tolerance and self-restraint.
p.17
Partial Defences: Loss of Control
How will Ariana's voluntary intoxication be treated in court?
It will not be taken into account; she will be assessed as if she were sober.
p.4
Voluntary vs Involuntary Manslaughter
What must the jury conclude before considering voluntary manslaughter?
The jury must conclude that the defendant has satisfied the elements of the crime of murder.
p.16
Partial Defences: Loss of Control
What is the significance of the defendant's circumstances according to section 54(3) of the CJA 2009?
It includes all circumstances except those that only relate to the defendant's general capacity for tolerance and self-restraint.
p.14
Partial Defences: Loss of Control
In what case did the Court of Appeal rule on the consideration of sexual infidelity?
In R v Clinton [2012] EWCA Crim 2.
p.14
Partial Defences: Loss of Control
Can sexual infidelity be considered if it forms part of the context for other triggers?
Yes, it may be considered if it forms an essential part of the context.
p.17
Partial Defences: Loss of Control
What characteristics are considered when assessing Nyofi's reaction?
The normal person will have the same history and characteristics as Nyofi relevant to the qualifying triggers.
p.14
Partial Defences: Loss of Control
Why is Deepak guilty of murder despite his feelings of being wronged?
Because the jury is unlikely to consider his belief in the justifiability of his actions as reasonable.
p.14
Partial Defences: Loss of Control
What does s 55(6)(c) state regarding sexual infidelity as a qualifying trigger?
It states that sexual infidelity is to be disregarded as a qualifying trigger.
p.4
Legal Framework for Murder
What is the main difference in sentencing between murder and manslaughter?
In manslaughter, the judge has discretion in sentencing and there is no mandatory life sentence.
p.17
Partial Defences: Loss of Control
What is the likely outcome for Nyofi regarding her criminal liability?
She could successfully rely on the partial defence of loss of control to reduce her liability to manslaughter.
p.4
Voluntary vs Involuntary Manslaughter
What are the two types of manslaughter?
Voluntary and involuntary manslaughter.
p.14
Partial Defences: Loss of Control
What partial defense can Carlos rely on after witnessing his daughter's rape?
He can rely on the partial defense to reduce his criminal liability to manslaughter.
p.17
Partial Defences: Loss of Control
What is Nyofi's situation regarding her partner Marnie?
Marnie is leaving Nyofi and taking their daughter Jemma with her.
p.4
Partial Defences: Diminished Responsibility
What are the three situations where the law recognizes a reduction from murder to manslaughter?
Diminished responsibility, loss of control, and suicide pact.
p.17
Partial Defences: Loss of Control
What must be shown to satisfy the test for manslaughter in Nyofi's case?
That a person of Nyofi's sex and age with a normal degree of tolerance might have reacted similarly under the circumstances.
p.4
Partial Defences: Loss of Control
How does prolonged abuse affect the perception of culpability in homicide cases?
It may lead to a reduction in moral culpability, as seen in the case of R v Ahluwalia.
p.17
Partial Defences: Loss of Control
What does the summary flowchart indicate about similar reactions?
It shows that a person of the defendant's age and sex with a degree of tolerance and self-restraint might have reacted similarly in those circumstances.
