Loss of Control (VM)

Question 1

What are the two types of voluntary manslaughter?

Answer 1

• Loss of control
• Diminished responsibility

Question 2

What is loss of control?

Answer 2

Where D causes death but lost self control and reacted as a ‘normal person’ might have in D’s situation

Question 3

What was s.54 Coroners and Justice Act?

Answer 3

2009
Can be convicted of manslaughter where there exists:
- A loss of self control
- The loss of control had a ‘qualifying trigger’
- A person of D’s sex/age/normal degree of tolerance/self-restraint in the circumstances of D might have reacted in the same way D did

Question 4

Loss of self control (LOC)

Answer 4

• Loss of ability to act in accordance with considered judgement
• Judged subjectively
• Need not be sudden: s.54(2), it may follow from the cumulative impact of earlier events
• Excludes revenge: s.54(4)

Question 5

What is a case for loss of self control? (LOC)

Answer 5

Jewell

Question 6

What is a qualifying trigger? (LOC)

Answer 6

• Loss of control must be attributable to a ‘qualifying trigger’
• Set out in s.55
• Fear or anger trigger

Question 7

The fear trigger (LOC)

Answer 7

• s.55(3)
• D fears serious violence from V against D or another identified person

Question 8

What is a case for the fear trigger? (LOC)

Answer 8

Ward

Question 9

The anger trigger (LOC)

Answer 9

• s.55(4)
  Things said or done which are:
• Of an extremely grave nature
• Caused D to have a justifiable sense of being seriously wronged

Question 10

What is a case for the anger trigger? (LOC)

Answer 10

Zebedee

Question 11

What are the limitations on qualifying triggers? (LOC)

Answer 11

• s.55(6)
• Sexual infidelity (Clinton 2012)
• Incitement (Dawes 2013)
• Revenge

Question 12

What is the normal person test?

Answer 12

• a.54(1)(c)
• Person of D’s sex/age, normal degree of tolerance/self-restraint in the circumstances of D would have reacted in the same way

Question 13

Degree of tolerance and self-restraint (NPT)

Answer 13

• Objective test
• Jury cannot consider (except sex/age) any circumstance of D that may have made them have less control

Question 14

Circumstances of D (NPT)

Answer 14

• Looks at D’s circumstances apart from those whose only relevance is to bear on D’s general capacity for tolerance and self restraint s.54(3)
• e.g short temper, prejudices like racism and homophobia are not allowed
• History of sexual abuse/sexual infidelity could be a relevant circumstance
• Mental illness may be a relevant circumstance, but is not relevant to the question of the normal degree of tolerance

Question 15

Case for circumstances of D (NPT)

Answer 15

Rejmanski

Question 16

Voluntary intoxication (NPT)

Answer 16

Not a circumstance for the purpose of the NPT

Question 17

Case for voluntary intoxication (NPT)

Answer 17

Asmslash

Question 18

Similar/same way as D (NPT)

Answer 18

Defence will fail if the ‘normal person’ would have lost control but would not have reacted in the same way

Question 19

Case for same/similar way (NPT)

Answer 19

Christian

Question 20

Who does the burden of proof lie with?

Answer 20

• If sufficient evidence is adduced, jury must assume the defence is satisfied unless prosecution prove beyond reasonable doubt that it is not
• s.54(5)