LAW P1 CRIM (VOL MANSLAUGHER LOC)

Question 1

Where is loss of control contained?

Answer 1

Loss of control is contained under s.54 coroners and justice act 2009.

Question 2

What is the defence of loss of control?

Answer 2

Loss of control is a partial defence that may reduce a potential murder conviction to that of voluntary manslaughter.

It is not a general defence and exists only for the offence of murder.

Question 3

What are the 3 rules on loss of control?

Answer 3

The defendant must lose control

There must be a qualifying trigger

Would a person of the saem sex and age as the defendant, with a normal degree of tolerance, have acted in the same way as the defendant under the same set of circumstances

Question 4

What are the cases for the 3 rules of loss of control?

Answer 4

R v Jewell, lady rafferty stated that loss of control is considered to mean a loss of an ability to act in accordance with a considered judgement

R v Bowyer, the defendant must have a justifiable sense of being wronged

R v Gurpinar & Kojo-Smith, The Court of Appeal held that the loss of control defence must be approached by juries in a structured three-stage process