ACCURACY IS GUARANTEED
Criminal Law 8 LLB Questions with Detailed
Verified Answers for Accuracy
What defences reduce liability for murder, when do they apply
✓✓ 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
✓✓ 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:
✓✓ -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
, ACCURACY IS GUARANTEED
✓✓ fear of serious violence
justifiable sense of being seriously wronged
combined triggers
fear of serious violence<> self D
✓✓ 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
✓✓ 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.
✓✓ short temperedness cannot be taken into account, however
history of abuse can.
Diminished Responsibility
, ACCURACY IS GUARANTEED
✓✓ 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
✓✓ 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
✓✓ Richens (1994) : complete loss not necessary
Duffy 1949,Ahluwalia [1992]: suddenness
Duffy [1949]
D killed her husband after mistreatment. She tried to remove
their child from the home and when her husband was asleep
killed him with a hatchet and a hammer.
Criminal Law 8 LLB Questions with Detailed
Verified Answers for Accuracy
What defences reduce liability for murder, when do they apply
✓✓ 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
✓✓ 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:
✓✓ -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
, ACCURACY IS GUARANTEED
✓✓ fear of serious violence
justifiable sense of being seriously wronged
combined triggers
fear of serious violence<> self D
✓✓ 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
✓✓ 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.
✓✓ short temperedness cannot be taken into account, however
history of abuse can.
Diminished Responsibility
, ACCURACY IS GUARANTEED
✓✓ 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
✓✓ 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
✓✓ Richens (1994) : complete loss not necessary
Duffy 1949,Ahluwalia [1992]: suddenness
Duffy [1949]
D killed her husband after mistreatment. She tried to remove
their child from the home and when her husband was asleep
killed him with a hatchet and a hammer.
