VM Evaluation

VM Evaluation

1. 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

2. 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
   • 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
   • Grave character helps avoid repugnant results (e.g Doughty) especially with use of an objective test for the justifiable element of the QT