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.