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Criminal Law > FO-voluntary manslaughter and Loss of control Loss of control > Flashcards

FO-voluntary manslaughter and Loss of control Loss of control Flashcards

1
Q

voluntary manslaughter

A

AR and MR for murder but has a special defence which reduces the charge to manslaughter.

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2
Q

Special

A

A charge of murder only

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3
Q

partial

A

D is going to have a defence which reduces murder to manslaughter

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4
Q

What act is loss of control under

A

s54 the coroners and justice act 2009

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5
Q

successful plea of loss of control

A

guilty of manslaughter

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6
Q

plea of loss of control for judge

A

Allows the judge more discretion
No mandatory life sentence

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7
Q

Standard and onus of proof procedure

A

Proved by prosecution
Judge decides whether there is sufficient evidence
Assume D is satisfied unless prosecution proves beyond reasonable doubt

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8
Q

Four Elements

A
  1. did d’s act result from a loss of self control
  2. Loss of self control caused by one of the qualifying triggers
  3. objective test plus age and sex
  4. if defence barred
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9
Q

The killing must have resulted from loss of self control facts

A

does not need to be sudden
Must be partial and total
Does not apply if D acted in a desire for revenge

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10
Q

judge procedure for must have resulted in loss of self control

A

D raises LOC
Judge hears evidence and decides if its enough
If enough jury decides whether LOC applies

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11
Q

Resulted in loss of self control cases

A

Jewell
Dawes

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12
Q

Jewell fact of law

A

It was decided D must have ‘lost it’ or ‘snapped’ to prove however he didn’t.

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13
Q

what are the qualifying triggers?

A

Fear
Anger

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14
Q

What act is fear under?

A

s55 (3)

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15
Q

What is fear?

A

D fears serious violence from V against D or another identified person.

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16
Q

Three elements of fear

A
  1. violence does not need to be directed.
  2. If D makes a mistake about FOSV judged on facts.
  3. Self defence can be used if FOSV.
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17
Q

FOSV

A

Fear of serious violence

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18
Q

violence does not need to be directed at D case

A

Ward

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19
Q

What happens if D makes a Mistake?

A

subjective test

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20
Q

Self defence

A

If D thought excessive force was necessary then it’s accepted.

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21
Q

Anger

A

Things done or said or both. Can be Third party.

22
Q

Anger facts

A

Constituted circumstances of extremely grave character.
Caused D to have justifiable sense of being seriously wronged.
Requires evidence of significant anger.

23
Q

What act is anger under?

A

s55 (4)

24
Q

What test is relevant to the anger trigger?

A

objective test

25
Q

zebedee

A

Didn’t constitute extremely grave character and sense of being seriously wronged.

26
Q

Hatter

A

Break up not suffice to satisfy anger trigger.

27
Q

Bowyer

A

Not seriously wronged just a justifiable sense of being wronged

28
Q

Dawes

A

No LOC, induced violence that led to death.

29
Q

Didn’t constitute extremely grave character and sense of being seriously wronged.

A

Zebedee

30
Q

No LOC, induced violence that led to death.

A

Dawes

31
Q

Not seriously wronged just a justifiable sense of being wronged

A

Bowyer

32
Q

Break up not suffice to satisfy anger trigger.

A

Hatter

33
Q

Evans

A

“the greater the deliberation, the less likely that
it followed a true loss of control”.

34
Q

Exclusions

A

Sexual infidelity
D caused violence which led to LOC
Considered desire for revenge

35
Q

Sexual infidelity and condition of own defence what acts are they under

A

s55(6)

36
Q

Sexual infidelity

A

Describes the act of engaging in emotional or sexual intimacy outside the marriage or relationship.

37
Q

Clinton

A

Judge decided not enough evidence for LOC since infidelity wasnt a justifiable reason.

38
Q

D caused violence which led to LOC

A

a) Incited by what D done or said for providing excuse to use violence.
b) Sense of being seriously wronged by things done or said is not justifiable if D incited for an excuse to violence.

39
Q

Jewell

A

D induced the violence

40
Q

Considered desire for revenge what act is it under

A

s54(4)

41
Q

What act is standard of self control under?

A

s54

42
Q

Meaning of standard of self control

A

This relates to the degree of tolerance and self restrain expected from D.

43
Q

What act is self control assessed by

A

s54(1) (c)

44
Q

s54 (1) ( c)

A

A person of D’s sex and age in the circumstances of D, Might have reacted in the same or similar way’

45
Q

What should s54 (1) (c) be read alongside

A

s54(3)

46
Q

What test is neccesary for self control

A

objective

47
Q

Circumstances taken into account in regards to trigger factors

A

Depression
Illness
addiction

48
Q

Rejamanski

A

There was insufficient evidence, Disorders excluded from hypothetical ‘normal person’

49
Q

Loss of SC and Intoxication

A

D must of reacted in the same way sober otherwise insufficient.

50
Q

Christian

A

Judge ruled shouldn’t go to jury.

51
Q

Asmelash

A

D wouldn’t of done the same thing sober so wasnt accepted.

Criminal Law (13 decks)

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