1B - Voluntary Manslaughter - Loss of Control Flashcards
What Act is ‘Loss of Control’ in?
S54 of the Coroners and Justice Act 2009
What is the definition in s54 CAJ 2009?
Where a person who kills or party to a killing of another is not to be convicted of murder if;
- D’s act and omissions in doing or being party to killing resulted from D’s loc
- the loss of self control had a qualifying trigger
- a person of D’s sex and age with a normal degree of tolerance and self restraint and same circumstance of D, might’ve reacted in the same or similar way to D
Summary of Defence of LOC
- S54(1) CJA 2009
- Where D kills another he is not to be guilty of murder if there is;
- A loss of control
- A qualifying trigger
- ‘Another person’ would have reacted in the same way
Loss of Self Control
Section of Act - s54(2)
Clinton - loc need not be sudden but must be lost
Dawes - different individuals in different situations do not react the same or immediately
Qualifying Trigger Section
s54(1)(b)
Has to be a qualifying trigger
What does s55(3) say is a qualifying trigger?
D fears serious violence from V or another
What does s55(4) say is a qualifying trigger?
A thing(s) said or done which constituted extremely grave character and caused D justifiably sense being wrong
What does s55(6)(c) say does not form a qualifying trigger?
Cheating on a spouse can never be a trigger
What does s54(4) say does not form a qualifying trigger?
If D had a ‘desire for revenge’
What does s54(1) state about the standard of self-control?
D is expected to show a normal degree of tolerance and self control
What does s54(3) state about the standard of self-control?
‘Other circumstances can be considered in deciding whether a normal person might’ve reacted similarly
What does Asmelash state about voluntary intoxication?
It is not to be considered ad D’s circumstances but a taunting over a dependant is considered a trigger.
