Fatal offences- VOLUNTARY MANSLAUGHTER/LOSS OF CONTROL

Question 1

1. VOLUNTARY MANSLAUGHTER- LOSS OF CONTROL? CORONERS AND JUSTICE ACT 2009?

Answer 1

1. D must have lost self control and this caused the killing; and
2. the loss of self control had a qualifying trigger; and
3. a person of D’s sex and age with a normal degree of tolerance and self restraint and in the circumstances of D might have reacted in the same or similar way to D.

Question 2

2. D MUST HAVE LOST SELF CONTROL AND THIS CAUSED THE KILLING- COCKER?

Answer 2

There must be a loss of self control, not just self restraint.

Question 3

2. D MUST HAVE LOST SELF CONTROL AND THIS CAUSED THE KILLING- DELAY?

Answer 3

There can be a delay between the qualifying trigger and the killing.

Question 4

2. CONSIDERED A DESIRE FOR REVENGE?

Answer 4

The defence isn’t available s.54(4).

Question 5

3. LOSS OF CONTROL MUST BE DUE TO ONE OR BOTH OF THE FOLLOWING?

Answer 5

D’s fear of serious violence fro V against D or another identified person.

Things done and/or said which were extremely grave and caused D to have a justifiable sense of being seriously wronged.

Question 6

3. S.55(6) CORONERS AND JUSTICE ACT 2009?

Answer 6

Things done and/or said which amount to sexual infidelity cannot on their own be a qualifying trigger.

Question 7

3. CLINTON?

Answer 7

Sexual infidelity can be used to explain the context of other potential qualifying triggers.

Question 8

4. WHICHEVER QUALIFYING TRIGGER IS RELIED ON, IT MUST BE THAT A…

Answer 8

…Person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D, might have reacted in the same or similar way to D.