Loss Of Control Manslaughter

Question 1

What is the definition of loss of control manslaughter

Answer 1

1. D lost self control
2. Qualifying trigger
3. A person of D’s sex and age would have acted the same way

Question 2

What is the act and section that sets out the definition of loss of control

Answer 2

s54 Coroners and Justice Act 2009

Question 3

What does ‘Clinton’ state

Answer 3

The loss of control need not be sudden, but it must have been lost

Question 4

What section says there must be a qualifying trigger

Answer 4

s54(1)(b)

Question 5

What can the two qualifying trigger be

Answer 5

1. D fears serious violence from V
2. Things said or done which:
   a) was of extremely grave character
   b) caused D to justifiably feel wronged

Question 6

What section shows the feat trigger

Answer 6

s55(3)

Question 7

What section shows the anger trigger

Answer 7

s55(4)

Question 8

What does s55(5) state

Answer 8

The qualifying trigger can be a combination of fear and anger

Question 9

What is the case for fear of violence being a qualifying trigger

Answer 9

Martin(Anthony)

Question 10

What cases show that D must have a justifiable sense of being wronged

Answer 10

Zebedee
Dawes

Question 11

What does s55(6)(c) state

Answer 11

Sexual infidelity can never be a qualifying trigger

Question 12

What case shows sexual infidelity can never be a qualifying trigger

Answer 12

Clinton

Question 13

What does s54(4) state

Answer 13

The defence is not allowed if D acted in a ‘considered desire for revenge’

Question 14

What case shows that only sex and age is relevant for assessing D’s ability for self control

Answer 14

A-G for Jersey v Holley