Fatal offences

Question 1

Lord Cokes’ definition of murder (test)

Answer 1

-Unlawful killing
-Human being
-Any country of the realm
-King’s Peace

Question 2

Case for unlawful killing by coke’s definition:

Question 3

Case for Human being by coke’s definition:

Question 4

Case for Any country of the realm:

Question 5

Case for under the King’s peace:

Question 6

Test for Loss of control:

Answer 6

Loss of control:

S.54 Coroners Justice Act 2009 defines the defence of loss of control: ‘where D is not to be convicted of murder if:

1) D’s acts or omissions resulted from a loss of self-control

> Doesn’t have to be immediate - Jewell

2) The loss of self control resulted from a qualifying trigger

> fear trigger (Lodge) feared serious violence, does not need to be a reasonable fear as long it was honestly thought by D

> anger trigger (Zebeedee) extremely grave character and causes D to have a justifiable sense of being seriously wronged

> S.55(5) They can be combined and still succeed.

3) A persons age, sex, with the normal degree of self tolerance and restraint and in the circumstances of D might have reacted in a similar way.’

> Hill