Page | 1
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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
Ans: D not to be convicted of murder=> manslaughter if:
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:
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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
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
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Ans: requires things of an extremely grave character and caused a
justifiable sense of being seriously wronged.
both require objective evaluations.
evaluative element with respect to fact that a similar person with
normal 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
Click here for more: Scholarsnexus - Stuvia US
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
Ans: D not to be convicted of murder=> manslaughter if:
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:
,Page | 2
Click here for more: Scholarsnexus - Stuvia US
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
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
, Page | 3
Click here for more: Scholarsnexus - Stuvia US
Ans: requires things of an extremely grave character and caused a
justifiable sense of being seriously wronged.
both require objective evaluations.
evaluative element with respect to fact that a similar person with
normal 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
