FO-voluntary manslaughter and Loss of control Flashcards
voluntary manslaughter
AR and MR for murder but has a special defence which reduces the charge to manslaughter.
Special
A charge of murder only
partial
D is going to have a defence which reduces murder to manslaughter
What act is loss of control under
s54 the coroners and justice act 2009
successful plea of loss of control
guilty of manslaughter
plea of loss of control for judge
Allows the judge more discretion
No mandatory life sentence
Standard and onus of proof procedure
Proved by prosecution
Judge decides whether there is sufficient evidence
Assume D is satisfied unless prosecution proves beyond reasonable doubt
Four Elements
- did d’s act result from a loss of self control
- Loss of self control caused by one of the qualifying triggers
- objective test plus age and sex
- if defence barred
The killing must have resulted from loss of self control facts
does not need to be sudden
Must be partial and total
Does not apply if D acted in a desire for revenge
judge procedure for must have resulted in loss of self control
D raises LOC
Judge hears evidence and decides if its enough
If enough jury decides whether LOC applies
Resulted in loss of self control cases
Jewell
Dawes
Jewell fact of law
It was decided D must have ‘lost it’ or ‘snapped’ to prove however he didn’t.
what are the qualifying triggers?
Fear
Anger
What act is fear under?
s55 (3)
What is fear?
D fears serious violence from V against D or another identified person.
Three elements of fear
- violence does not need to be directed.
- If D makes a mistake about FOSV judged on facts.
- Self defence can be used if FOSV.
FOSV
Fear of serious violence
violence does not need to be directed at D case
Ward
What happens if D makes a Mistake?
subjective test
Self defence
If D thought excessive force was necessary then it’s accepted.
Anger
Things done or said or both. Can be Third party.
Anger facts
Constituted circumstances of extremely grave character.
Caused D to have justifiable sense of being seriously wronged.
Requires evidence of significant anger.
What act is anger under?
s55 (4)
What test is relevant to the anger trigger?
objective test
zebedee
Didn’t constitute extremely grave character and sense of being seriously wronged.
Hatter
Break up not suffice to satisfy anger trigger.
Bowyer
Not seriously wronged just a justifiable sense of being wronged
Dawes
No LOC, induced violence that led to death.
Didn’t constitute extremely grave character and sense of being seriously wronged.
Zebedee
No LOC, induced violence that led to death.
Dawes
Not seriously wronged just a justifiable sense of being wronged
Bowyer
Break up not suffice to satisfy anger trigger.
Hatter
Evans
“the greater the deliberation, the less likely that
it followed a true loss of control”.
Exclusions
Sexual infidelity
D caused violence which led to LOC
Considered desire for revenge
Sexual infidelity and condition of own defence what acts are they under
s55(6)
Sexual infidelity
Describes the act of engaging in emotional or sexual intimacy outside the marriage or relationship.
Clinton
Judge decided not enough evidence for LOC since infidelity wasnt a justifiable reason.
Jewell
D induced the violence
Considered desire for revenge what act is it under
s54(4)
What act is standard of self control under?
s54
Meaning of standard of self control
This relates to the degree of tolerance and self restrain expected from D.
What act is self control assessed by
s54(1) (c)
s54 (1) ( c)
A person of D’s sex and age in the circumstances of D, Might have reacted in the same or similar way’
What should s54 (1) (c) be read alongside
s54(3)
What test is neccesary for self control
objective
Circumstances taken into account in regards to trigger factors
Depression
Illness
addiction
Rejamanski
There was insufficient evidence, Disorders excluded from hypothetical ‘normal person’
Loss of SC and Intoxication
D must of reacted in the same way sober otherwise insufficient.
Christian
Judge ruled shouldn’t go to jury.
Asmelash
D wouldn’t of done the same thing sober so wasnt accepted.
