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SQE1 Β· FLK2 Β· Homicide: Murder & Voluntary Manslaughter

Murder, Loss of Control and Diminished Responsibility

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 β€” 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 β€” 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 β€” s.55(3); or
  • Circumstances of an extremely grave character causing D to have a justifiable sense of being seriously wronged β€” s.55(4).
  • A person of D's sex and age with a normal degree of tolerance would have reacted the same way β€” s.54(1)(c).
  • Excluded: sexual infidelity cannot constitute a qualifying trigger β€” s.55(6)(c).
  • The defence is left to the jury if sufficient evidence is raised; the prosecution then disproves it beyond reasonable doubt β€” s.54(5)–(6).

2. Diminished Responsibility β€” 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 β€” 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 β€” R v Clinton [2012] EWCA Crim 2.
  • Diminished responsibility: the burden is on the defendant (balance of probabilities) β€” 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.

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