Murder
Definition (common law): The unlawful killing of a human being under the Queen's/King's peace with malice aforethought (intention to kill or cause grievous bodily harm).
- GBH intent suffices — R v Vickers [1957] 2 QB 664.
- Mandatory sentence: life imprisonment.
Partial Defences (Voluntary Manslaughter)
Both defences reduce murder to manslaughter under the Coroners and Justice Act 2009 (CJA 2009).
1. Loss of Control — ss.54–56 CJA 2009
- D must have lost self-control (s.54(1)(a)).
- The loss of control must have a qualifying trigger (s.54(1)(b)):
- Fear of serious violence from V — s.55(3); or
- Circumstances of an extremely grave character causing D to have a justifiable sense of being seriously wronged — s.55(4).
- A person of D's sex and age with a normal degree of tolerance would have reacted the same way — s.54(1)(c).
- Excluded: sexual infidelity cannot constitute a qualifying trigger — s.55(6)(c).
- The defence is left to the jury if sufficient evidence is raised; the prosecution then disproves it beyond reasonable doubt — s.54(5)–(6).
2. Diminished Responsibility — s.2 Homicide Act 1957 as substituted by s.52 CJA 2009
- D suffered an abnormality of mental functioning arising from a recognised medical condition.
- It must have substantially impaired D's ability to: understand the nature of D's conduct; form a rational judgment; or exercise self-control.
- It must provide an explanation for D's conduct in doing the killing.
- Burden on D on the balance of probabilities.
Common Traps
- Loss of control does not require a sudden loss — there is no requirement of suddenness under the 2009 Act (contrast the old provocation defence).
- Sexual infidelity alone cannot be a trigger, though it may provide context for another trigger — R v Clinton [2012] EWCA Crim 2.
- Diminished responsibility: the burden is on the defendant (balance of probabilities) — not the prosecution.
Exam tip: Always identify whether facts raise both partial defences; examiners test whether candidates apply s.55 triggers precisely, especially the sexual infidelity exclusion.