Voluntary Manslaughter- Loss of Control

Question 1

What is Voluntary Manslaughter

Answer 1

The D has the intention to kill but has a Defence which are
only used on a charge of murder

Question 2

2 Types of Voluntary Manslaughter Defences

Answer 2

Loss of Control
Diminished Responsibility

Question 3

What is Loss of control

Answer 3

Provocation
S.54 Coroners and justice Act 2009
3 Stage Test

Question 4

State 1 of Loss of Control

Answer 4

The D must have suffered a loss of control
S.54.2 The loss of control does not have to be sudden but the longer the delay the less likely the D is to get the defence

GREGSON- when assessing wether the D has control you are allowed the take into account their Circumstances

Question 5

Stage 2 of Loss of Control

Answer 5

S.55 The loss of Control must be due to a Qualifying Trigger

Anger or Fear

Question 6

Fear Trigger
Loss of Control

Answer 6

Fear of serious violence
Subjective test
The D must have a genuine fear but the violence need not be directed at them
(PEARSON)
Tip- consider self defence

Question 7

Anger Trigger
Loss of Control

Answer 7

Objective 3 Q Test
(HATTER)

1) Things said or done

2) Amount to circumstances of of Extremely Grave Character
(serious actions)

3) Caused the D to have a justifiable sense of being wronged
-E.g would a reasonable person have felt seriously wronged

Question 8

Side Rule
Loss of Control stage 2

Answer 8

The thing said or done was sexual infidelity
(CLINTON)
If the Qualifying trigger is only the infidelity its self the defect its lost
There must be another provoking factor

Question 9

Stage 3 of Loss of Control

Answer 9

S.54.3 -Would a person of the same age and gender, with a normal degree of tolerance have reacted in the same way
(HOLLEY)

Question 10

Side Rule
Loss of Control Stage 3

Answer 10

The defence cannot be successful in a desire for Revenge
(EVANS)