Voluntary Manslaughter - LoC

Question 1

What did the defence of loss of control replace?

Answer 1

The common law defence of provocation

Question 2

What legislation covers loss of control?

Answer 2

S54 and 55 Coroners and Justice Act

Question 3

What is the criteria for loss of control?

Answer 3

There must be a loss of self control with a qualifying trigger and D’s response to that trigger must be compared to that of a person of D’s sex and age, with a normal degree of tolerance, and self restraint and in the circumstances of D

Question 4

Where is the burden of proof?

Answer 4

The prosecution

Question 5

What does s54(5) and (6) say?

Answer 5

There must be sufficient evidence for the defence

Question 6

Give the facts of Jewell

Answer 6

D drove to D’s house and shot him at point blank range

Question 7

Give the ratio of Jewell

Answer 7

Judge said that it was basically a planned execution + there wasn’t sufficient evidence for loss of control

Question 8

Give the facts of Workman

Answer 8

D murdered his wife

Question 9

Give the ratio of Workman

Answer 9

There was not enough evidence for LoC

Question 10

Give the facts of Barnsdale Quean

Answer 10

D strangled his wife to death with a chain

Question 11

Give the ratio of Barnsdale Quean

Answer 11

Judge said there was no evidence for the defence

Question 12

What does subsection 1(a) say?

Answer 12

The loss of control need not be sudden

Question 13

Which case emphasised that the loss of control need not be sudden?

Answer 13

Dawes

Question 14

What are the two qualifying triggers for loss of control

Answer 14

Fear of serious violence

OR

things said or done

Question 15

What does subsection 55(3) say?

Answer 15

Fear of serious violence is a qualifying trigger

Question 16

Give the facts of Ward

Answer 16

D pleaded loss of control after killing D who had physically attacked his brother

Question 17

Give the ratio of Ward

Answer 17

D was successful with loss of control

Question 18

Give the facts of Lodge

Answer 18

D killed a drug dealer after he had attacked him with a baseball bat

Question 19

Give the ratio of Lodge

Answer 19

D successful with defence

Question 20

What does s55(4) say?

Answer 20

Things said or done must be of extremely grave character and give D a justifiable sense of being seriously wronged

Question 21

What did Dawes establish in terms of the effect of earlier events

Answer 21

Said the cumulative effect of earlier events can be taken into consideration

Question 22

Give the facts of Dawes

Answer 22

D saw his wife and V asleep on the sofa fully clothed and stabbed V killing him

Question 23

Give the ratio of Dawes

Answer 23

Violence was invited by D for the “purpose of providing an excuse to use violence”

Question 24

Give the significance of Asmelash

Answer 24

Intoxication will not be taken into account as a circumstance

Question 25

What does s55(6) say about sexual infidelity?

Answer 25

It is to be “disregarded” as a qualifying trigger

Question 26

Give the facts of Clinton

Answer 26

V told her husband that she was having an affair, he beat her then strangled her to death

Question 27

Give the ratio of Clinton

Answer 27

Judge withdrew the defence as there was no evidence for it and infidelity was to be ignored

Question 28

Give an Ao2 point about Clinton

Answer 28

It follows what the act of Parliament says

Question 29

Give the facts of R v Parker

Answer 29

V announced she would be leaving her husband due to his infidelity, D killed her

Question 30

Give the ratio of R v Parker

Answer 30

Said D must not act out of a desire for revenge

Question 31

Give the facts of Evans

Answer 31

D stabbed his wife after an argument where she threatened to leave him

Question 32

Give the ratio of Evans

Answer 32

D must not act out of a considered desire for revenge