Loss of control Flashcards
What is voluntary manslaughter
Voluntary manslaughter is where a defendant has committed murder but is relying on a special defence
Explain how the defendant must lose their self-control
Defendant must have lost their self - control at the time of the actus reus.
R v Ahluwalia
Woman burned her husband alive after years of prolonged abuse
What is the difference from the old defence of ‘provocation’
The new law supports victims of domestic violence who kill their abusers
Qualifiying trigger - fear of serious violence
Who are the most likely to use this aspect of the special defence
female victims of domestic violence
R v Pearson
Two brothers killed their father after it was dicovered that hos had been ill-treating the younger of the two
Qualifiying trigger - things said or done of extremely grave character
What is the exact phrase
things said or done of extremely grave character causing D a justifyable sense of being wronged
R v Doughty
Man killed his child and claimed that he had been provoked
Sexual infidelity
Is it allowed
sexual infidelity is ann accepted ground for provocation
R v Clinton
Man beat his wife to death after finding out she had an affair
R v Jewell
The defendant picked his friend up for work and proceeded to shoot him twice based on alleged periods of intimidation
R v Brown
S54 Coroners and Justice act
The defendant must have lost control at the time of the actus rea
Burden of proof
the prosecution must disprove the defence of loss of control beyond a reasonable doubt
