Voluntary Manslaughter- Loss of Control Flashcards
What is Voluntary Manslaughter
The D has the intention to kill but has a Defence which are
only used on a charge of murder
2 Types of Voluntary Manslaughter Defences
Loss of Control
Diminished Responsibility
What is Loss of control
Provocation
S.54 Coroners and justice Act 2009
3 Stage Test
State 1 of Loss of Control
The D must have suffered a loss of control
S.54.2 The loss of control does not have to be sudden but the longer the delay the less likely the D is to get the defence
GREGSON- when assessing wether the D has control you are allowed the take into account their Circumstances
Stage 2 of Loss of Control
S.55 The loss of Control must be due to a Qualifying Trigger
Anger or Fear
Fear Trigger
Loss of Control
Fear of serious violence
Subjective test
The D must have a genuine fear but the violence need not be directed at them
(PEARSON)
Tip- consider self defence
Anger Trigger
Loss of Control
Objective 3 Q Test
(HATTER)
1) Things said or done
2) Amount to circumstances of of Extremely Grave Character
(serious actions)
3) Caused the D to have a justifiable sense of being wronged
-E.g would a reasonable person have felt seriously wronged
Side Rule
Loss of Control stage 2
The thing said or done was sexual infidelity
(CLINTON)
If the Qualifying trigger is only the infidelity its self the defect its lost
There must be another provoking factor
Stage 3 of Loss of Control
S.54.3 -Would a person of the same age and gender, with a normal degree of tolerance have reacted in the same way
(HOLLEY)
Side Rule
Loss of Control Stage 3
The defence cannot be successful in a desire for Revenge
(EVANS)