Voluntary Manslaughter - Loss of Control Flashcards
What is the definition of Loss of Control?
Defence for murder where the defendant was provoked.
Defined under s.54 Coroners and Justice Act 2009 as a 3 stage test
What is Stage 1 of Loss of Control?
The defendant must have a Loss of control.
s.54(2) states the Loss of control does not have to be sudden- (The longer the delay the less likely the defendant is to get the defence)
What does Gregson state?
Gregson states that when assessing whether the defendant has lost their control you are allowed to take into account their circumstances.
What is Stage 2 of Loss of Control?
s.55 states The Loss of control must be due to a qualifying trigger.
What is the Fear Trigger and the Case?
Fear of serious violence trigger is a subjective test – defendant must have a genuine fear but the violence need not be directed at defendant.
(Pearson)
What is the Anger Trigger and the Case?
Anger trigger is a fully objective test. It has 3 stages.
(Hatter)
What is Stage 1 and Side Rule (+case) of the Anger Trigger?
Stage 1 states that there must be things said or things done.
Sexual infidelity alone cannot be the things said/ done there must be another provoking factor.
(Clinton)
What is Stage 2 of the Anger Trigger?
Stage 2 states that the thing said or done must amount to circumstances of an extremely grave character.
What is Stage 3 of the Anger Trigger?
Stage 3 states that the thing said or done must have caused the defendant to have a justifiable sense of being seriously wronged by the victim.
What is Stage 3 and the Case of Loss of Control?
Stage 3 under s.54(3) asks would a person of the same age and gender and with a normal degree of tolerance have reacted in the same way.
(Holley)
What does the Side Rule of Evans State?
Evans states that the defence cannot be successful if the killing is out of a desire for revenge.
What does the Side Rule of Evans State?
Evans states that the defence cannot be successful if the killing is out of a desire for revenge.
