criminal- voluntary manslaughter- loss of self-control

Question 1

definition + types of defence

Answer 1

. contained within s54 of the Coroners and Justice Act 2009
. special defence- only for murder
. partial defence- will reduce conviction to manslaughter s57(4) Coroners and Justice Act 2009

Question 2

D must lose self-control-s54(1)(a)

Answer 2

. there must be sufficient evidence of a loss of self-control- R v Jewell
. if the jury holds there is insufficient evidence, the defence fails- R v Martin
. loss of self-control cannot be pled where D acted in revenge- s54(4)

Question 3

there must be a qualifying trigger- s54(1)(b)- qualifying triggers contained in s55 of the Coroners and Justice Act 2009

Answer 3

. s55(3)- D’s loss of self-control was attributable to D’s fear of serious violence from V against D or another identified person
. and/or s55(3):
a) things said or done (or done), which…
b) constituted circumstances of an extremely grave character
c) caused D to have a justifiable sense of being seriously wronged

Question 4

there must be a qualifying trigger- s54(1)(b)- fear of serious violence

Answer 4

. a subjective test- what did D think at the time?
. need not be directed at D, but must be more than a generalised threat- R v Ward
. cannot be used where D incites V to violence specifically to fear serious violence

Question 5

there must be a qualifying trigger- s54(1)(b)- things said or done

Answer 5

. circumstances of an extremely grave character
. a justifiable sense of being seriously wronged
. excluded triggers

Question 6

things said or done- circumstances of an extremely grave character

Answer 6

. not all circumstances will qualify, the circumstances must be extremely bad- R v Zebedee

Question 7

things said or done- a justifiable sense of being seriously wronged

Answer 7

. applied objectively
. break ups will not suffice- R v Hatter
. those engaged in a criminal act are unlikely to have a justifiable sense of being seriously wronged- especially if they’re only there due to the criminal act- R v Bowyer

Question 8

things said or done- excluded triggers

Answer 8

. actions done in revenge- s55(4)
. sexual infidelity (s55(6)(C)) but can be considered holistically with other qualifying triggers where integral to the case- R v Clinton
. where D insights the things said or done to use violence they do not have a justifiable sense of being seriously wronged- s55(6)(b)

Question 9

a person of D’s sex + age, with a normal degree of tolerance + self-restraint + in the circumstances of D, might have reacted in the same or similar way to D- s54(c)

Answer 9

. objective test- does not matter what D thinks but what the reasonable person thinks
. all circumstances of the case can be considered
. means D having a short temper is not considered but if V deliberately targets something specific about D which cause D to lose control, it may seem objectively justifiable in those circumstances- R v Rejamski
. intoxication- not relevant but can be a circumstance- ie. V taunts D about being an alcoholic which may provide a sense of being seriously wronged- R v Rejmanski