Partial defences to murder: changed landscape and nomenclature

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Social Norms ◽  
Expert Opinion ◽  
Loss Of Control ◽  
Appellate Courts ◽  
Policy Makers ◽  
Medical Experience ◽  
Definition Of ◽  
Partial Defences ◽  
Law Commission ◽  
Diminished Responsibility

The reformed partial defences to murder, enacted under the Coroners and Justice Act 2009, reflect Parliament’s attempt to align those defences with modern social norms and medical experience whilst retaining the existing definition of ‘murder’, being an offence that attracts a mandatory fixed sentence of imprisonment or detention. However, Parliament departed from the recommendations of the Law Commission in important respects and the appellate courts have added their ‘voice’ to the scope of the partial defences. This article, which is written from a practitioner’s perspective, discusses the existing law and considers the extent to which, since 2009, the aims of policy-makers and law-makers have been fulfilled or have fallen short of expectations. The author contends that the reforms did not go far enough, that the term ‘diminished responsibility’ is no longer apt, that rules relating to ‘loss of control’ are unnecessarily complex and unsatisfactory, and that expert opinion evidence remains problematic.

8. Voluntary manslaughter

2020 ◽  
pp. 180-220
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Assisted Suicide ◽  
Mens Rea ◽  
Loss Of Control ◽  
Partial Defences ◽  
Diminished Responsibility

This chapter examines categories of manslaughter in which the defendant killed with the mens rea for murder, but qualified for one of the partial defences which reduced his crime to one of voluntary manslaughter. These defences are: loss of control, diminished responsibility, and suicide pacts and assisted suicide.

3. Murder and Manslaughter

2020 ◽  
pp. 30-55
Author(s):  
Mischa Allen
Keyword(s):  
Study Skills ◽  
Loss Of Control ◽  
Questions And Answers ◽  
Key Issues ◽  
Partial Defences ◽  
Diminished Responsibility

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on murder and manslaughter and suggested answers. The key issues of direct and oblique intent as it applies to murder are considered. The chapter also deals with the changes to the partial defences to murder (loss of control and diminished responsibility) brought about by the statutory provisions in the Coroners and Justice Act 2009, and the differences between the types of involuntary manslaughter (by an unlawful act, by gross negligence, and by recklessness).

5. Murder and voluntary manslaughter

2020 ◽  
pp. 99-132
Author(s):  
Nicola Monaghan
Keyword(s):  
Common Law ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Loss Of Control ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Key Points ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the elements of murder and the partial defences which reduce a defendant’s liability to voluntary manslaughter. Murder is a common law offence that is committed when a defendant unlawfully causes the death of a person with an intention to kill or cause grievous bodily harm (GBH). Where a defendant has both the actus reus and mens rea for murder, but also has one of three special, partial defences available to him, his liability for murder is reduced to that of manslaughter (voluntary manslaughter). Loss of control, diminished responsibility, suicide pact, and infanticide are also discussed.

scholarly journals Psychiatric expert evidence and the new partial defences of diminished responsibility and loss of control

2016 ◽  
Vol 22 (4) ◽  
pp. 277-284
Author(s):  
Rajan Nathan ◽  
Simon Medland
Keyword(s):  
Expert Witnesses ◽  
Loss Of Control ◽  
Expert Evidence ◽  
Psychiatric Assessment ◽  
The Law ◽  
Partial Defences ◽  
Diminished Responsibility

SummaryPsychiatric expert witnesses instructed to undertake assessments of defendants charged with murder should be familiar with the partial defences of diminished responsibility and loss of control. The Coroners and Justice Act 2009 enacted major amendments to the partial defence of diminished responsibility and introduced a new defence of loss of control to replace the provocation partial defence. In this article, the changes to the law are described with particular focus on the implications for the psychiatric assessment.

3. Murder and Manslaughter

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Study Skills ◽  
Loss Of Control ◽  
Questions And Answers ◽  
Key Issues ◽  
Partial Defences ◽  
Diminished Responsibility

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on murder and manslaughter and suggested answers. The key issues of direct and oblique intent as it applies to murder are considered. The chapter also deals with the changes to the partial defences to murder (loss of control and diminished responsibility) brought about by the statutory provisions in the Coroners and Justice Act 2009, and the differences between the types of involuntary manslaughter (by an unlawful act, by gross negligence, and by recklessness).

12. Defences

Criminal Law ◽  
2020 ◽  
pp. 640-764
Author(s):  
Jonathan Herring
Keyword(s):  
Loss Of Control ◽  
The Law ◽  
Definition Of ◽  
Prevention Of Crime ◽  
Diminished Responsibility

This chapter begins with a discussion of the law on defences. It covers private defence and the prevention of crime; necessity; chastisement; consent; duress; coercion; entrapment; superior orders; automatism; insanity; diminished responsibility; loss of control; intoxication; and mistake. The second part of the chapter focuses on the theory of defences, covering the definition of defences; justifications and excuses; character, choice, and capacity; determinism; the rejection of an overarching theory; insanity; private defence; duress; necessity; and issues that fall between the gaps of the defences.

5. Murder and voluntary manslaughter

2018 ◽  
Author(s):  
Nicola Monaghan
Keyword(s):  
Common Law ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Loss Of Control ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Key Points ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the elements of murder and the partial defences which reduce a defendant’s liability to voluntary manslaughter. Murder is a common law offence that is committed when a defendant unlawfully causes the death of a person with an intention to kill or cause grievous bodily harm (GBH). Where a defendant has both the actus reus and mens rea for murder, but also has one of three special, partial defences available to him, his liability for murder is reduced to that of manslaughter (voluntary manslaughter). Loss of control, diminished responsibility, suicide pact, and infanticide are also discussed.

7. Homicide 2: voluntary and involuntary manslaughter

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Loss Of Control ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility aswell as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.

7. Homicide 2: voluntary and involuntary manslaughter

2020 ◽  
pp. 248-323
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Loss Of Control ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility as well as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.

Sign in / Sign up

Export Citation Format

Share Document