Podcast Location:
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Categories:
Criminal Law
CPD Points:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to examine the effect of the Coroners and Justice Act on murder, infanticide and suicide. The context of these changes is also considered.

Outcomes:
After completing the course you will:
  • Understand the importance of the Law Commission's report entitled Murder, Manslaughter and Infanticide;
  • Know the old law surrounding the partial defence of diminished responsibility including the definition of 'abnormality of mind';
  • Understand how the case of Lloyd interpreted the phrase 'substantial impairment';
  • Know the new partial defence of diminished responsibility as inserted by section 52 of the Coroners and Justice Act;
  • Know what examples are given for a substantially impaired ability to form a rational judgment;
  • Know why it was seen as necessary to introduce an element of causation to diminished responsibility;
  • Understand the old law surrounding provocation;
  • Appreciate the effect of the Homicide Act 1957;
  • Understand the new partial defence of loss of control;
  • Know who bears the burden of proving loss of control;
  • Understand the thinking behind s55(6)(c) which states that in determing whether a loss of self-control had a qualifying trigger, the fact that a thing done or said constituted sexual infidelity is to be disregarded;
  • Understand how section 57 amends section 1 of the Infanticide Act 1938;
  • Know the new provisions relating to suicide.
Level:
Beginner Difficulty: 1 of 5
Classification:
Legislative Updates
Practical Guide
Sources and References:
  • Murder, Manslaughter and Infanticide (Law Commission Report);
  • Homicide Act 1957;
  • Byrne [1960] 2 QB 396;
  • Lloyd [1967] 1 QB 175;
  • Partial Defences to Murder (2004) Law Com No 290;
  • Lambert (Steven); Jordan [2002] QB 211;
  • Dunbar [1958] 1 QB 1;
  • Smith (Morgan James) [2001] 1 AC 146;
  • Marks [1998] Crim LR 676;
  • Duffy [1949] 1 All ER 932;
  • Holmes v DPP [1946] AC 588;
  • Mancini [1942] AC 1;
  • Bedder [1954] 1 WLR 1119;
  • Camplin [1978] AC 705;
  • Attorney General for Jersey v Holley [2005] 2 AC 580;
  • Camplin [1978] AC 705;
  • Luc Thiet Thuan v The Queen [1997] AC 131;
  • Attorney General for Jersey v Holley [2005] 2 AC 580;
  • Kai-Whitewind [2005] 2 Cr App R 457;
  • Infanticide Act 1938;
  • Suicide Act 1961;
  • Criminal Attempts Act 1981.

In this CPDcast Julian Knowles, a barrister at Matrix Chambers, examines murder, infanticide and suicide and how they have been effected by the Coroners and Justice Act. He examines Chapter 1 of Part 2 of the Act, which contains important amendments to the criminal law. Chapter 1 (ss 52 to 61) amends the law in respect of the partial defences to murder (ie diminished responsibility and provocation) and the offence and defence of infanticide, and simplifies the wording of the offence of assisting suicide.

Podcast last reviewed: 2012-02-27

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