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3 Cards in this Set
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Loss of self control s54 of CJA |
causation - it has to be the loss of self control which causes the death (Doughty - baby crying is enough to be provocation) qualifying trigger - has to be something of extremely grave character which makes the D loose self control. Sexual infidelity does not count but Clinton case - if it leads to lots of taunts then it does count objective requirement - you have to take into account all the reasonably characteristics of the D to decide if the reasonable man would have done as D did. R v Smith. However does not include mental ones as this would come under diminished responsibility |
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Diminished responsibility s 52 of CJA |
s2(1) - if D is suffering from abnormality of mind which arises from the following then wont be guilty of murder 1)arises from a medical condition 2)stops D doing anything contained in 1A 3)provides explanation for D's acts/omissions in killing V section 1A 1)make a rational judgement 2)be able to exhibit self control 3)understand the nature of D's conduct |
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Suicide pacts Homicide Act 54 |
If killing is part of a suicide pact then you are not held responsible for death |
