1 Exampromax - Stuvia US 2025/2026
Criminal Law 8 LLB Questions with Detailed
Verified Answers (100% Correct Answers)
/Already Graded A+
What defences reduce liability for murder, when do they apply
Ans: Coroners and Justice Act 2009 (CJA)
Loss of Control (LOC) and Diminished Responsibility (DR)
applies when D killed V intending KGBH
conditions in CJA for LOC
© 2025 All rights reserved®
Ans: D not to be convicted of murder=> manslaughter if:
Exampromax - Stuvia US
1. acts/omissions resulted from LOC
2. qualifying trigger
3. a normal person in circumstances of D might have reacted in same or
similar way
BP on defence judge directs jury only if he thinks defence can apply
Requirements for LOC:
Ans: -D unable to to restrain himself from doing what he did or omitted.
sudden and temporary, need not be immediate (ahluwalia 1992), no
requirement for delay, but up to jury and judge to direct. jury can taken into
account delay.
cannot be used in cases where D acts by revenge.
must be result of a qualifying trigger.
valid qualifying triggers
Ans: fear of serious violence
justifiable sense of being seriously wronged
combined triggers
, 2 Exampromax - Stuvia US 2025/2026
fear of serious violence<> self D
Ans: self D is a complete D, uses reasonable force
fear of serious violence in LOC available when D overreacted with
excessive force. note that fear does not need to be reasonable, only genuine.
fear of violence must be directed at D or identified person. general people
do not qualify.
justifiable sense of being wronged
Ans: requires things of an extremely grave character and caused a
justifiable sense of being seriously wronged.
both require objective evaluations.
© 2025 All rights reserved®
evaluative element with respect to fact that a similar person with normal
Exampromax - Stuvia US
degree of tolerance would have reacted in same way.
Ans: short temperedness cannot be taken into account, however history of
abuse can.
Diminished Responsibility
Ans: D defined in CJA 2009
cannot be convicted of murdered is suffering from abnormality of mental
functioning.
-arose from medical functioning
-substantially impaired D ability to (understand conduct, rational
judgement, exercise self control)
provides explanation for D's acts.
burdeon of proof for DR
Ans: D, on BOP
if D raises insanity P can raise DR, must prove BRD
a plea of guilty to DR for manslaughter can be accepted if medical evidence
not disputed.
LOC cases
Criminal Law 8 LLB Questions with Detailed
Verified Answers (100% Correct Answers)
/Already Graded A+
What defences reduce liability for murder, when do they apply
Ans: Coroners and Justice Act 2009 (CJA)
Loss of Control (LOC) and Diminished Responsibility (DR)
applies when D killed V intending KGBH
conditions in CJA for LOC
© 2025 All rights reserved®
Ans: D not to be convicted of murder=> manslaughter if:
Exampromax - Stuvia US
1. acts/omissions resulted from LOC
2. qualifying trigger
3. a normal person in circumstances of D might have reacted in same or
similar way
BP on defence judge directs jury only if he thinks defence can apply
Requirements for LOC:
Ans: -D unable to to restrain himself from doing what he did or omitted.
sudden and temporary, need not be immediate (ahluwalia 1992), no
requirement for delay, but up to jury and judge to direct. jury can taken into
account delay.
cannot be used in cases where D acts by revenge.
must be result of a qualifying trigger.
valid qualifying triggers
Ans: fear of serious violence
justifiable sense of being seriously wronged
combined triggers
, 2 Exampromax - Stuvia US 2025/2026
fear of serious violence<> self D
Ans: self D is a complete D, uses reasonable force
fear of serious violence in LOC available when D overreacted with
excessive force. note that fear does not need to be reasonable, only genuine.
fear of violence must be directed at D or identified person. general people
do not qualify.
justifiable sense of being wronged
Ans: requires things of an extremely grave character and caused a
justifiable sense of being seriously wronged.
both require objective evaluations.
© 2025 All rights reserved®
evaluative element with respect to fact that a similar person with normal
Exampromax - Stuvia US
degree of tolerance would have reacted in same way.
Ans: short temperedness cannot be taken into account, however history of
abuse can.
Diminished Responsibility
Ans: D defined in CJA 2009
cannot be convicted of murdered is suffering from abnormality of mental
functioning.
-arose from medical functioning
-substantially impaired D ability to (understand conduct, rational
judgement, exercise self control)
provides explanation for D's acts.
burdeon of proof for DR
Ans: D, on BOP
if D raises insanity P can raise DR, must prove BRD
a plea of guilty to DR for manslaughter can be accepted if medical evidence
not disputed.
LOC cases
