FO-voluntary manslaughter and Loss of control

Question 1

voluntary manslaughter

Answer 1

AR and MR for murder but has a special defence which reduces the charge to manslaughter.

Question 2

Special

Answer 2

A charge of murder only

Question 3

partial

Answer 3

D is going to have a defence which reduces murder to manslaughter

Question 4

What act is loss of control under

Answer 4

s54 the coroners and justice act 2009

Question 5

successful plea of loss of control

Answer 5

guilty of manslaughter

Question 6

plea of loss of control for judge

Answer 6

Allows the judge more discretion
No mandatory life sentence

Question 7

Standard and onus of proof procedure

Answer 7

Proved by prosecution
Judge decides whether there is sufficient evidence
Assume D is satisfied unless prosecution proves beyond reasonable doubt

Question 8

Four Elements

Answer 8

1. did d’s act result from a loss of self control
2. Loss of self control caused by one of the qualifying triggers
3. objective test plus age and sex
4. if defence barred

Question 9

The killing must have resulted from loss of self control facts

Answer 9

does not need to be sudden
Must be partial and total
Does not apply if D acted in a desire for revenge

Question 10

judge procedure for must have resulted in loss of self control

Answer 10

D raises LOC
Judge hears evidence and decides if its enough
If enough jury decides whether LOC applies

Question 11

Resulted in loss of self control cases

Answer 11

Jewell
Dawes

Question 12

Jewell fact of law

Answer 12

It was decided D must have ‘lost it’ or ‘snapped’ to prove however he didn’t.

Question 13

what are the qualifying triggers?

Answer 13

Fear
Anger

Question 14

What act is fear under?

Answer 14

s55 (3)

Question 15

What is fear?

Answer 15

D fears serious violence from V against D or another identified person.

Question 16

Three elements of fear

Answer 16

1. violence does not need to be directed.
2. If D makes a mistake about FOSV judged on facts.
3. Self defence can be used if FOSV.

Question 17

FOSV

Answer 17

Fear of serious violence

Question 18

violence does not need to be directed at D case

Answer 18

Ward

Question 19

What happens if D makes a Mistake?

Answer 19

subjective test

Question 20

Self defence

Answer 20

If D thought excessive force was necessary then it’s accepted.

Question 21

Anger

Answer 21

Things done or said or both. Can be Third party.

Question 22

Anger facts

Answer 22

Constituted circumstances of extremely grave character.
Caused D to have justifiable sense of being seriously wronged.
Requires evidence of significant anger.

Question 23

What act is anger under?

Answer 23

s55 (4)

Question 24

What test is relevant to the anger trigger?

Answer 24

objective test

Question 25

zebedee

Answer 25

Didn't constitute extremely grave character and sense of being seriously wronged.

Question 26

Hatter

Answer 26

Break up not suffice to satisfy anger trigger.

Question 27

Bowyer

Answer 27

Not seriously wronged just a justifiable sense of being wronged

Question 28

Dawes

Answer 28

No LOC, induced violence that led to death.

Question 29

Didn't constitute extremely grave character and sense of being seriously wronged.

Answer 29

Zebedee

Question 30

No LOC, induced violence that led to death.

Answer 30

Dawes

Question 31

Not seriously wronged just a justifiable sense of being wronged

Answer 31

Bowyer

Question 32

Break up not suffice to satisfy anger trigger.

Answer 32

Hatter

Question 33

Evans

Answer 33

“the greater the deliberation, the less likely that it followed a true loss of control”.

Question 34

Exclusions

Answer 34

Sexual infidelity D caused violence which led to LOC Considered desire for revenge

Question 35

Sexual infidelity and condition of own defence what acts are they under

Answer 35

s55(6)

Question 36

Sexual infidelity

Answer 36

Describes the act of engaging in emotional or sexual intimacy outside the marriage or relationship.

Question 37

Clinton

Answer 37

Judge decided not enough evidence for LOC since infidelity wasnt a justifiable reason.

Question 38

Jewell

Answer 38

D induced the violence

Question 39

Considered desire for revenge what act is it under

Answer 39

s54(4)

Question 40

What act is standard of self control under?

Answer 40

s54

Question 41

Meaning of standard of self control

Answer 41

This relates to the degree of tolerance and self restrain expected from D.

Question 42

What act is self control assessed by

Answer 42

s54(1) (c)

Question 43

s54 (1) ( c)

Answer 43

A person of D's sex and age in the circumstances of D, Might have reacted in the same or similar way'

Question 44

What should s54 (1) (c) be read alongside

Answer 44

s54(3)

Question 45

What test is neccesary for self control

Answer 45

objective

Question 46

Circumstances taken into account in regards to trigger factors

Answer 46

Depression Illness addiction

Question 47

Rejamanski

Answer 47

There was insufficient evidence, Disorders excluded from hypothetical 'normal person'

Question 48

Loss of SC and Intoxication

Answer 48

D must of reacted in the same way sober otherwise insufficient.

Question 49

Christian

Answer 49

Judge ruled shouldn't go to jury.

Question 50

Asmelash

Answer 50

D wouldn't of done the same thing sober so wasnt accepted.