Fatal Offences: Loss of Control

Question 1

What is voluntary manslaughter?

Answer 1

Where D has satisfied the AR and MR for murder but has a reason as to why they killed

Question 2

Which act does voluntary manslaughter come under?

Answer 2

Coroners and Justice Act 2009

Question 3

Which act does loss of control come under?

Answer 3

S.54 C & J Act 2009

Question 4

What needs to be proved for LOC?

Answer 4

Loss of self control
Qualifying trigger
NPT

Question 5

Where does loss of self control come under?

Answer 5

S.54(1) C & J Act 2009

Question 6

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

Answer 6

Killing by D must be a result of loss of self control

Question 7

What is S.54 (2)?

Answer 7

LOC doesn’t have to be sudden, can be a cooling off period between what triggers the killing and the killing itself

Question 8

What is S.54 (4)?

Answer 8

If person acts out of revenge, defence fails
Must have really lost control to use defence

Question 9

What happened in Jewell?

Answer 9

Colleague unable to sleep and killed someone, was insufficient, so was liable

Question 10

Where does Qualifying triggers come under?

Answer 10

S.54 (1) (b)

Question 11

What is S.55 (3)?

Answer 11

V feared serious violence
Doesn’t need to be reasonable, as long as it was honeslty thought by the D

Question 12

What is S.55 (4)?

Answer 12

Thing said or done which is of extremely grave character and casues D to have a justifiable sense of being seriously wronged

Question 13

What is S.55 (5)?

Answer 13

Trigger can be a combination of S.55 (3) and S.55 (4)

Question 14

What is S.55 (6) (C)?

Answer 14

Trigger can’t be due to sexual infidelity (Dawes) unless combiend with other triggers (Clinton)

Question 15

What happened in Lodge?

Answer 15

D lost self control and killed V, V attacked him with baseball bat.
Jury accepted that the D lost self control in response to serious violence from V

Question 16

What happened in Zebedee?

Answer 16

Thing done was not extremely grave character, didn’t give the D a justifiable sense of being seriously wronged

Question 17

Where does NPT come from?

Answer 17

S.54 (1) (C)

Question 18

What kind of test is the NPT?

Answer 18

An objective test with elements of subjectivity

Question 19

What is the NPT?

Answer 19

Would a person of the D’s same age, sex, normal degree of tolerance and self-restraint under the same circumstances have acted in the same/similar way?

Question 20

What can be taken into account in the NPT?

Answer 20

D’s mental health (Rejmanski)
History of sexual abuse (Hill)

Question 21

What can’t be taken into account in the NPT?

Answer 21

Intoxication (Asmelash)