Voluntary Manslaughter - Loss of Control

Question 1

What is the act that defines loss of control?

Answer 1

Coroners and Justice act 2009

Question 2

What type of defence is it

Answer 2

Partial - reduces murder to manslaughter

Question 3

S54(1)(a)

Answer 3

D must experience a loss of self control

Question 4

Case and principle for s54(1)(a)

Answer 4

Jewell - loss of control is a loss of normal powers of reasoning

Question 5

s54(2)

Answer 5

loss of control need not be sudden

Question 6

s54(4)

Answer 6

defence can’t be used if D acted with desire for revenge

Question 7

s54(1)(b)

Answer 7

loss of control must come from a qualifying trigger

Question 8

s55(3) + case

Answer 8

FEAR - D fears serious violence from V against himself or another
- Ellis

Question 9

s55(4) + case

Answer 9

ANGER - things said or done of extremely grave character giving D a justifiable sense of being seriously wronged
- Evans

Question 10

s55(6)(a/b)

Answer 10

Incitement exclusion - D does something to get V to attack/say/do something of extremely grave character

Question 11

s55(6)(c)

Answer 11

Sexual infidelity exclusion for anger trigger - Clinton - sexual infidelity alone isn’t a trigger but can be considered as context

Question 12

s54(1)(c)

Answer 12

LoC works if a person of D sex and age, with normal degree of tolerance and self restraint, in circumstances of D, would react in same way

Question 13

s54(3)

Answer 13

same circumstances excludes any that affect D capacity for self restraint

Question 14

Mohammed

Answer 14

violent temper ignored

Question 15

Gregson

Answer 15

Ignore D conditions (only relevant if taunted about them)

Question 16

Asmelash

Answer 16

Ignore D intoxication