Murder, Manslaughter and Diminished Responsibility

Murder, Manslaughter & Diminished Responsibility

David Hislop QC

Doughty Street Chambers

Crime Team of the Year

The Trevor Joyce Case

Choose a suitable appropriate adult who can later be a witness

Make sure the interview is videod

Get a top psychiatrist

The report must blame the schizophrenia

not drugs and alcohol

Keep them separate and choose the right psychiatrist

Don't be afraid to direct your psychiatrist

Tell Counsel to ask for a first draft of the report for you to vet

Consequences and options

Mental health disposal s47 and s45A

Discretionary life sentence

Tarifs and Transfers

Loss of Control s 54 s55 Coroners Act 2009

replaces provocation and reduces murder to manslaughter

Killing must result from a loss of control only

Qualifying trigger s55 ss 3,4,5

R v Clinton and Others

"Things done or said"

s54 1 c .A Jury matter.

Self Defence

Reduces murder to no unlawful act

Prosecution to prove Beyond Reasonable Doubt

Police Station Advice

You can discuss your caseload with David Hislop QC via his clerks on 0207 404 1313