Problem
Mrs Matthews was tried at Lincoln Crown Court and was convicted of murder contrary to common law and causing GBH with intent contrary to section 18 Offences Against the Person Act 1861. During Mrs Matthews's trial it was established that she had inflicted a serious head injury upon Miss Viv Devi by punching her hard in the head, causing her to fall against a mirror. Miss Devi had been rushed to hospital and underwent several hours of major surgery as a result of the attack. Despite the attempts to save her, she died of her injuries. Mrs Matthews's evidence was that she had just 'lost it' when she saw Miss Devi shopping with Mr Matthews. Mr Matthews, having left his wife, Mrs Matthews, to cohabit with Miss Devi, with whom he had being having a relationship for several months. Mrs Matthews admitted that she had intended to do serious harm to Miss Devi when she punched her but sought to rely on the statutory defence set out in section 54 of the Coroners and Justice Act 2009 to her reduce her murder conviction to manslaughter. It was also established that, shortly after her attack on Miss Devi, Mrs Matthews had begun to act strangely, becoming agitated but also dissociated and unresponsive. She became aggressive and attacked a paramedic tending to Miss Devi, causing the paramedic to sustain serious injuries to her face and upper body. During the attack on the paramedic, Mrs Matthews was heard to shout, 'I'm sorry - this is not me. Why are you making me hit her? Stop making me do this'. There was medical evidence that Mrs Matthews suffers from a rare psychiatric condition which causes brief but severe psychotic episodes during which she hears voices, which she feels powerless to stop. There was further evidence that Mrs Matthews sometimes hears instructions from these voices, which she feels compelled to follow.
This is a moot I have to complete. I have to argue that Mrs Matthews cannot rely on loss of control because of section 55(6)(c) of the Coroners and Justice Act 2006.
Should I consider bringing up Clinton or Rejamanski? If so how can I do this?