Defences to homicide

Clinton 2012:

• D’s wife had an affair

• Wife taunted D about not having courage to kill himself

• D beat and strangled wife to death

• Lord Judge CJ: ‘where sexual infidelity is integral to” the context “the prohibition in section 55(6(c) does not operate to exclude it’

Order to form defence of loss of self c:

• Evidence of loss of self control

• Evidence of qualifying trigger

• Would a reasonable person act the same way

• Are disqualifying conditions available:

  • Revenge

  • Self-induced

  • Sexual infidelity

Diminished responsibility:

Prosecution usually accept plea of guilty to manslaughter on grounds of DR if medical evidence is compelling, avoiding trial

R v Brennan 2014:

• No rational basis on which jury could decline DR if evidence is given

R v Dowds 2012:

• D intoxicated and killed

• When he drinks, he can’t stop- pleaded DR

• CA dismissed plead

• D stated intoxication is a recognised mental condition

• CA stated in eyes of law, it isn’t relevant unless you have alcohol dependancy syndrome (Tandy)

Challen:

• Husband abuses wife

• Wife killed him w hammer

• Pleaded DR, didn’t work and was convicted

• Case re-opened and evidence showed extent of coercive control (battered woman syndrome)

R v Lea Rose 2024:

• D stabbed V to death

• Evidence that D&V had engaged in sexual contact and D was highly intoxicated

• D remembered nothing but said she would’ve never consented

• Pleaded DR & self defence

• D convicted

R v Deitschmann

Where D pleads DR resulting from the combination of mental abnormality and intoxication, jury should be satisfied that, despite the drink, D’s mental abnormality substantially impaired is mental responsibility for the fatal act