loss of self control vol man

Question 1

voluntary manslaughter

Answer 1

defined under coroners and justice at 2009
apples when D has mr and ar for murder, but raises a partial defence

reduced from murder to manslaughter

Question 2

losc- legal basis

Answer 2

found in s54 and 55 of act

3 elements needed under s54/1

1. ds actions resulted from loss of self control
2. losc had a qualifying trigger
3. person of Ds sex and age with normal tolerance might have reacted similarly

Question 3

losc - s542

Answer 3

losc doesn’t need to be sudden
but delay might imply planning = defence fails

jewell = defence must be total , nt just stress tiredness etc

Question 4

qualifying trigger , s55

Answer 4

s55/3 - fear of serious violence , from v or another person , ward

s55/4 things said or done
- must satisfy both -
(a) circumstances of extremely grave character
(b) d had justifiable sense of being seriously wronged

s55/5
combination of triggers , can combined fear of violence and things said or done

Question 5

qualifying triggers exclusion

Answer 5

s54/4 - no defence if motivated by revenge

s55/6/c- sexual infidelity alone = not trigger

Question 6

objective test

Answer 6

s54/1/c

• would person of the same sex and age would have reacted in the same way as the D in the same circumstances

Question 7

losc and intoxication

Answer 7

vol intox - not enoigh , asmelash

if intoxication is irrelavant to loc- still apply ( sober person in ds circumstances would’ve reacted the same)

alcohol dependancy sundrome -
if taunted abt conditioning and forms part of trigger - qualify