Mindmap
VM Evaluation
Inhalt der Mindmap
VM Evaluation
DR
- Reformed by Coroners & Justice Act 2009
- Inclusion of 'recognised medical condition' due to 2006 Law Commission Report: Murder, Manslaughter and Infanticide
- Incorporates Byrne into the statutory definition
- Burden of proof
- Should it be on D?
- Most other defences D need only raise them and P must disprove
- Breach of Art 6(2) - 'everyone charged with a criminal offence shall be presumed to be innocent until proven guilty'?
- Developmental immaturity
- 2006 report
- Should under 18's be included within the definition of DR?
- Evidence suggests frontal lobes of the brain which are responsible for self-control and controlling impulsive behaviour do not mature until 14
- Govt took the view that learning disabilities and autism spectrum disorders were suffiicient in the context
- This is not the same and means that children as young as 10 can be convicted of murder just because they have not reached a certain stage of development
- Reformed by Coroners & Justice Act 2009
LC
- LC proposed removal of loss of self control criteria completely as it is recognised that women in abusive relationships may kill from 'a combination of anger, fear, frustration and a sense of desperation'.
- Only concession govt made was that it need not be sudden
- It is probable that some abused women will be unable to show loss of control so will not be able to use the defence
- Only concession govt made was that it need not be sudden
- Sexual infidelity
- Provocation was created largely to cover this circumstance but it is expressly disregarded under s55
- Fear of serious violence
- Largely added to cover cases like Clegg and Martin but proving loss of control makes it difficult to use
- Provocation
- Was largely common law
- Homicide Act 1957 set out some tests but was insufficient
- Until Camplin (1978) the reasonable man was considered an adult regardless of D's age
- Camplin also allowed the gravity of provocation (now circumstances). This was a wider consideration than circumstances
- Morhall: Lords allowed addiction to glue sniffing to be considered in the gravity of provocation
- Camplin also allowed the gravity of provocation (now circumstances). This was a wider consideration than circumstances
- Until Camplin (1978) the reasonable man was considered an adult regardless of D's age
- Homicide Act 1957 set out some tests but was insufficient
- Was largely common law
- Grave character helps avoid repugnant results (e.g Doughty) especially with use of an objective test for the justifiable element of the QT
- LC proposed removal of loss of self control criteria completely as it is recognised that women in abusive relationships may kill from 'a combination of anger, fear, frustration and a sense of desperation'.
Informationen
- Beschreibung
- G153 Mindmap am VM Evaluation, erstellt von krish_14 am 08/01/2014.
- Erstellt von
- krish_14
- Aufrufe
- 16
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