Voluntary manslaughter cases- loss of control

Question 1

Definition

Answer 1

Where a person kills or is a party to the killing of another, the person is not to be convicted of murder if:
1.) the defendants act or omission is doing or being party to the killing resulted from the defendants loss of control
2.) Loss was caused by a qualifying trigger
3.) A persons sex and age might have reacted the same way

Question 2

Where does the definition come from?

Answer 2

S.54 of the Coroners and Justice Act 2009

Question 3

Loss of control- temper is not sufficient

Answer 3

R v Jewell

Question 4

Loss of control no longer needs to be sudden and can result from a slow burn reaction or accumulation of events

Answer 4

S.54 (2) CJA 2009
slow burn reaction- R V Alhuwalia
Accumulation- R v Dalves, Hatter and Bowyer

Question 5

Qualifying triggers- Fear of serious violence

Answer 5

S. 55 (3) CJA 2009

Question 6

Fear of violence towards another

Answer 6

R v Ward

Question 7

qualifying triggers- things said and done

Answer 7

S. 55 (4) CJA 2009

Question 8

Excluded matters- sexual infidelity never qualifying trigger but can be a contributing factor as long as another trigger satisfied

Answer 8

S.55 (6) CJA 2009
R v Clinton

Question 9

Defence not available if defendants acted in desire for revenge

Answer 9

S.54 (4) CJA 2009
R v Ibrams and Gregory

Question 10

Person of defendants sex and age with an ordinary level of tolerance and self restraint would’ve acted the same

Answer 10

S.54 CJA 2009
R v Camplin

Question 11

Circumstances- Voluntary intoxication

Answer 11

R v Asmelash