loss of control cases - voluntary manslaughter Flashcards
Clinton
D and wife suffered depression. Wife had an affair. D killed wife with wooden baton and strangled her with his belt.
Argued loss of control. If one of the reasons you have lost control is sexual infidelity, it can be a contributing factor, however it cannot be the only factor.
Parker
Parker killed wife in family home because of sexual infidelity.
Argued loss of control. If one of the reasons you have lost control is sexual infidelity, it can be a contributing factor, however it cannot be the only factor.
Evans
D killed wife because of sexual infidelity.
Argued loss of control. If one of the reasons you have lost control is sexual infidelity, it can be a contributing factor, however it cannot be the only factor.
Jewell
Burden of proof case
D drove to Vs house to pick him up for work and shot him. It was not loss of control, it was a planned execution.
Workman
Burden of proof case.
D murdered ex wife. No evidence of loss of self control.
R v Barnsdale-Quean
Burden of proof case.
D argued his wife attacked him and committed suicide by self strangulation. No evidence of loss of self control.
Dawes
D found wife asleep with another man. D killed the man. Sexual infidelity cannot account for loss of control as it is only a cumulative factor.
Ward
D, V and D’s brother drank and took drugs. Ds brother and V had a fight. D killed V with a pick axe. Loss of control was accepted by the prosecutor as D feared that V would use serious violence on his brother.
Lodge
V was a drug dealer and attacked D with a baseball bat. D killed V and lost self control. Jury accepted that D lost self control due to serious violence from V
Asmelash
D stabbed and killed V. D was intoxicated. Ds intoxication was not a relevant circumstance and should be disregarded when the jury applied this test.
S54.1 normal person
Loss of control impacted by intoxicated person should not be taken into account.
