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Diagnosed with depression - he won't a normal degree of self restraint.

Can't plead loss of control.

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Anger Trigger - s55(4)

Things said or done which were of an extremely grave character and

justifiable sense of being seriously wronged.

Unlikely to be satisfied as he isn't in danger or his children

Justifiable - she has taken his children away and now can't see them and she has a new man in her house

Prosecution - sexual infidelity is not a qualifying trigger. Excuse to use violence as he is jealous.

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Defence - balance of probabilities

'Rapha then loses it'.

Prosecution - Drove house, knocked on door and persisted, and his words used showed intention and did not demonstrate a loss of control - angry because she had a new partner - not lost his self control (Ahluwalia)

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Murder definition - Moloney Intention to kill or cause gbh

Intention - hit someone on the head with a log - virtually certain to cause gbh.

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Zoe and Rapha have separated after their marriage has ‘broken down’. Zoe ended the relationship, although Rapha begged her to work at their marriage. Zoe has moved in with her parents, who live a three-hour drive away. This means Rapha has not seen his children for several weeks and he has become very depressed. His doctor has prescribed him medication for severe depression. He has also started drinking heavily, as a coping mechanism, and, more than once, has been sent home from work because he had been seen drinking at his desk.

One evening, after consuming a significant amount of alcohol, Rapha spots a picture on Zoe’s Instagram story of his children playing football in the park with Zoe and another man. He decides to drive to Zoe’s parents’ house to confront her about it. Zoe hears him arrive and opens the door to him. Zoe told Rapha that he must leave because the children were out having pizza with their grandparents. She shuts the door, but Rapha stays banging on it until Zoe opens it again. Again she tells him that he should leave, ‘because I have a friend here’. Rapha then loses it. He grabs a large log from the log store by the front door and hits Zoe hard and repeatedly about the head with it. He bellows, ‘take that, you f***ing whore!’ as he does so. Zoe collapses to the floor and dies from severe head injuries.

Discuss Rapha’s liability for homicide.

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Loss of Control Qualifying Trigger OBJECTIVE TEST Self Control Old Law Old Law New Law S3 ....would make a reasonable man do as the defendant did... New Law Fear Trigger Old Law Anger Trigger S54 D had fear of serious violence from V against D or another identified person.

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Norrie, ‘The Coroners and Justice Act 2009 – Partial Defences to Murder: (1) Loss of Control[2010] Crim LR 275

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Norrie, ‘The Coroners and Justice Act 2009 – Partial Defences to Murder: (1) Loss of Control[2010] Crim LR 275

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Mackay, ‘The Coroners and Justice Act 2009 – Partial Defences to Murder: (2) The New Diminished Responsibility Plea [2010] Crim LR 290

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Mackay, ‘The Coroners and Justice Act 2009 – Partial Defences to Murder: (2) The New Diminished Responsibility Plea [2010] Crim LR 290

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Sign on to Thomson Reuters suite of products and services.

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(1) In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute-

(1) Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.

(2) For subsection (1) substitute-

(1) Where a person ("D") kills or is a party to the killing of another ("V"), D is not to be convicted of murder if-

(a) D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,

(b) the loss of self-control had a qualifying trigger, and

(c) a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.

(2) For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.

(4) Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge.

(5) On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6) For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply.

(7) A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter.

(8) The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it.

(1) This section applies for the purposes of section 54.

(2) A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.

(3) This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.

(4) This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which-

(a) constituted circumstances of an extremely grave character, and

(b) caused D to have a justifiable sense of being seriously wronged.

(5) This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).

(6) In determining whether a loss of self-control had a qualifying trigger-

(a) D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;

(b) a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;

(c) the fact that a thing done or said constituted sexual infidelity is to be disregarded.

(7) In this section references to "D" and "V" are to be construed in accordance with section 54.

(1) The common law defence of provocation is abolished and replaced by sections 54 and 55.

(2) Accordingly, the following provisions cease to have effect-

(a) section 3 of the Homicide Act 1957 (c. 11) (questions of provocation to be left to the jury);

(b) section 7 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (questions of provocation to be left to the jury).

(1) Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is amended as follows.

(1) Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of infanticide) is amended as follows.

(1) The Suicide Act 1961 (c. 60) is amended as follows.

(2) In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute-

(4) After that section insert-

A reference in this Act to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly."

(1) The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.

(2) In section 13 (criminal liability for complicity in another's suicide), for subsection (1) substitute-

(4) After that section insert-

A reference in section 13 or 13A to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly."

Schedule 12 makes special provision in connection with the operation of section 2 of the Suicide Act 1961 (c. 60) and section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) in relation to persons providing information society services within the meaning of that Schedule.

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An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make…