By Jacqueline Martin; Chris Turner; Denis Lanser
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Extra info for AQA law for A2, Edition: 4th ed
When a person is found guilty of murder the judge has to pass a sentence of life imprisonment. However, for manslaughter the judge can choose any sentence which is suitable. 2). However, if the defendant is not dangerous then he or she may be given a short term of imprisonment or even a community sentence. If the defendant has mental problems which can be treated, then the most suitable sentence is one which orders the defendant to have treatment, either in a hospital or in the community. For this Unit of the AQA specification only diminished responsibility and loss of control are studied.
See Chapter 2) NO Did the defendent lose self-control because of a qualifying trigger? (see Chapter 2) NO Was the defendant insane? (see Chapter 5) NO Was the defendant acting in self-defence and used reasonable force in the circumstances as he believed them to be? 4 Points to consider in a murder question Chapter 2 Voluntary manslaughter here are three special defences to a charge of murder. These are where the killing occurs when the defendant is under: T • diminished responsibility; • loss of control; or • a suicide pact.
Doctors are allowed to switch off lifesupport machines without being liable for homicide. In Malcherek (1981) doctors had carried out many, but not all, of the tests for brain death. 3). This meant that the original attacker was liable for murder. Year and a day rule There used to be a rule that death must have occurred within a year and a day of the unlawful act. This rule was sensible in past centuries when medical knowledge was not sufficient to prove that an attack had caused the death after such a long time.