Voluntary manslaughter ( Loss of Control)

Question 1

What are the two partial defence to murder

Answer 1

1. Loss of control

2. Diminished responsibility

Question 2

What year was the Coroners and Justice act passed and what section relate to the defence of loss of control.

Answer 2

2009

Sections 54 and 55

Question 3

What does section 54 of the Coroners and Justice act state?

Answer 3

The three ground of a loss of control defence

Question 4

What are the three ground of a loss of control offence?

Answer 4

1. D’s acts or omissions in doing or being party to a killing resulted in a loss of control
2. That loss of control has a qualifying trigger
3. A person of D’s sex and age with a normal degree of self tolerance would have reacted in the same way as the defendant.

Question 5

Explain a loss of self control

Answer 5

There must be a loss of self control not just self restraint as seen in the case of Cocker

Question 6

What does section 54 (2) sate

Answer 6

The loss of control need not be sudden as seen in the case of Thornton and Ahluwalia

Question 7

What does section 54 (4) state

Answer 7

That the defence is abolished if the defendant acted with a considered desire for revenge.

Question 8

What does section 55 state

Answer 8

Outlines the qualifying triggers.

Question 9

What are the qualifying triggers under section 55

Answer 9

Outlines the fear and anger triggers

Question 10

What is the fear trigger

Answer 10

The defendant must fear serious violence directed at him or another identifiable person

Question 11

How does the case of Pearson highlight the fear trigger

Answer 11

It highlights that the fear need not be directed at the defendant as in this case the defendant killed his farther as he feared his brother would receive serious violence at the hands of his farther.

Question 12

What is the anger trigger

Answer 12

Things said or done by the victim that:

(a) constituted circumstance of extremely grave character and,
(b) gave D a justifiable sense of being seriously wronged

Question 13

How does the case of Doughty highlight the anger trigger

Answer 13

It highlights that the things said or done must be ‘extremely grave’ and cause D a justifiable sense of being wronged this was not the case in Doughty.

Question 14

What is the first thing that section 55 (6) states

Answer 14

Anything said or done that constituted sexual infidelity is to be disregarded.

Question 15

What is the other thing that section 55 (6) states

Answer 15

The defence will not be available if D incited the thing said or done or the fear as an excuse to use violence.

Question 16

Is the third part of the loss of control defence an objective or subjective test

Answer 16

It is an objective test

Question 17

What did the case of Asmelash state

Answer 17

That the jury should ignore alcohol in deciding if a defendant of the same sex and age of D would have acted in the same way as D in the circumstances.

Question 18

What can be taken into account as circumstances of the defendant

Answer 18

Even though sexual infidelity is not an accepted trigger it can be taken into account as a circumstance of the defendant this was seen the case of Clinton

Question 19

What does section 54 (3) state

Answer 19

That any personal characteristics that make the defendant lose control easier are to be ignored.