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Murder & voluntary manslaughter. LO: To show an awareness of the offence of murder and the special defences available to it. S tarter. Think of one question which you would like to ask in relation to the offence of murder and write it on a post it Stick it on the whiteboard when finished.
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Murder & voluntary manslaughter LO: To show an awareness of the offence of murder and the special defences available to it
Starter • Think of one question which you would like to ask in relation to the offence of murder and write it on a post it • Stick it on the whiteboard when finished
Murder • Unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought, express or implied.
Very Important!!! • Homicide Act 1957 • Coroners and Justice Act 2009
Special defences • There are three special defences to the offence of murder. • This is where the killing occurs when the D is under: • Diminished responsibility • Loss of control • Suicide pact
Which statute? • Diminished responsibility & suicide pact are set out within the Homicide Act 1957 • Loss of control is set out within Coroners and Justice Act 2009
Partial defence • They are partial defences • This means that the defendant is not completely acquitted, but if successful the charge of murder will be reduced to manslaughter (by way of diminished responsibility, loss of control or suicide pact)