1B - Voluntary Manslaughter - Loss of Control

Question 1

Where can the defence of loss of control be found?

Answer 1

s.54 and s.55 Coroners and Justice Act 2009

Question 2

What must be met for Loss of control?

Answer 2

1. Defendant must have lost self control
2. loss of self control had a qualifying trigger
3. A person of the same age and sex, with a normal degree of tolerance and self restraint might have reacted in the same way as defendant.

Question 3

Defendant must have lost self control

Answer 3

-s.54(2) - loss of control does not have to be sudden
-Jury will decide if they believe d lost self control
-Temper and anger is not sufficient
-D must have ‘really lost it’ or ‘snapped’
-R v Jewell, if this component isn’t met, no need to consider others

Question 4

Qualifying trigger

Answer 4

Section 55 sets out qualifying triggers.
-D feared serious violence against himself or another person
-A thing said or done which either
1. constituted circumstances of an extremely grave character
2. Caused D to have a justifiable sense of being seriously wronged

Qualifying trigger can be a combination of these both

Question 5

Fear of violence

Answer 5

-Defendant does not have to fear violence by the victim, can be on another person. R v Ward
-Where d incited violence, abolishes this trigger. R v Dawes

Question 6

Things said or done

Answer 6

-The anger trigger
-Objective test - jury decides
-both triggers should be judged objectively and not a matter of opinion. R v Zebedee

Question 7

Sexual infidelity

Answer 7

-Sexual infidelity cannot amount to a qualifying trigger R v Clinton
-However can be integral to forming context

Question 8

Normal standards of self control

Answer 8

-D expected to show normal degree of self control
-Temper cannot be taken into account

Question 9

Circumstances of defendant

Answer 9

-Other circumstances than age and sex may be taken into account
-Mental health, R v Rejmanski
-History of sexual abuse

Question 10

Voluntary intoxication

Answer 10

-Court will not allow voluntary intoxication to be considered for either loss of control or DR
-R v Asmelash
-However, if normal sober person would have reacted same way regardless, may have defence

Question 11

Sufficient evidence

Answer 11

Coroners and justice act 2009:
-Gives judge task of deciding whether there is sufficient evidence of each component
-S.54 (5) & (6), jury must believe that there is loss of control beyond all reasonable doubt. R v Christian