Voluntary Manslaughter: Loss of Control

Question 1

What is voluntary manslaughter?

Answer 1

The defendant has both the actus reus and mens rea for murder but can use a defence

Question 2

What are the defences available for voluntary manslaughter?

Answer 2

• Loss of Control
• Diminished Responsibility

Question 3

What is the penalty for voluntary manslaughter?

Answer 3

Discretional life sentence, rather than murder’s mandatory life sentence

Question 4

What act governs voluntary manslaughter?

Answer 4

Coroners and Justice Act 2009

Question 5

What is S.54(1)(a) CJA 2009?

Answer 5

Defendant’s acts or omissions resulted from a loss of control

Question 6

What is S.54(1)(b) CJA 2009?

Answer 6

Loss of control had a qualifying trigger

Question 7

What is S.54(1)(c) CJA 2009?

Answer 7

A person of the same characteristics would have acted in the same way

Question 8

What was held in R v Jewell?

Answer 8

There was not enough evidence, there must be more evidence than the defendant’s ‘bare assertion’

Question 9

What defence did loss of control replace?

Answer 9

Provocation

Question 10

What is stated in S.54(2) CJA 2009?

Answer 10

“It does not matter whether or not the loss of control was sudden”

Question 11

What is stated in S.54(4) CJA 2009?

Answer 11

Loss of Control “does not apply when the defendant acted in a considered desire for revenge”

Question 12

What was held in R v Baillie?

Answer 12

The COA allowed the claim as there was no time to cool down between the provocation and killing

Question 13

How would R v Baillie be different under S.54(4) CJA 2009?

Answer 13

There was revenge and he would be denied his defence

Question 14

What was the view of the 2006 Law Reform Report for “murder, manslaughter and infanticide”?

Answer 14

Loss of control should be removed completely as women in abusive relationships might kill of anger fear and frustration

Question 15

What is a S.55(3) qualifying trigger?

Answer 15

Defendant had a fear of serious violence against themselves or another person

Question 16

What is a S.55(4)(a) qualifying trigger?

Answer 16

Loss of control was due to something said or done that constitutes grave character

Question 17

What is a S.55(4)(b) qualifying trigger?

Answer 17

The grave character justified a sense of being wronged

Question 18

What is a S.55(5) qualifying trigger?

Answer 18

A combination of both triggers

Question 19

What what held in R v Dawes?

Answer 19

The defendant had induced the violence and could not rely on S.55(3)

Question 20

What is stated in S.55(6)(a) CJA 2009?

Answer 20

Where the defendant has induced the violence in order to have an excuse to use force, he can’t rely on a S.55(3) trigger

Question 21

What was held in R v Doughty?

Answer 21

The jury should’ve decided provocation by ‘things done or said’

Question 22

What was held in R v Zebedee?

Answer 22

The defendant was convicted of murder because no qualifying triggers were present

Question 23

What is stated in S.55(6)(c) CJA 2009?

Answer 23

Where the thing said or done amounts to sexual infidelity, it is disregarded.

Question 24

What was parliaments intention for S.55(6)(c) CJA 2009?

Answer 24

“No one owns or possesses their spouse or partner”

Question 25

What was held in R v Clinton?

Answer 25

Sexual infidelity cannot be relied upon by itself, a mistrial was ordered

Question 26

What was held in R v Rejamski?

Answer 26

Mental illnesses are not considered due to S.54(1)(c)

Question 27

What was held in R v Asmelash?

Answer 27

Loss of control must be referenced without reference to intoxication
Lord Chief Justice

Question 28

What was held in R v Van Dongen and Another?

Answer 28

A normal person would’ve lost control but not have acted in the same way
Lord Justice May corroborated this

Question 29

What case was the provocation defence established?

Answer 29

R v Duffy

Question 30

What was held in R v Wilcocks?

Answer 30

Personality disorder affected the gravity of the qualifying trigger and not general capacity and so could be considered