Loss of control Flashcards
What is voluntary manslaughter
Voluntary manslaughter is where a defendant has committed murder but is relying on a special defence
Explain how the defendant must lose their self-control
Defendant must have lost their self - control at the time of the actus reus.
R v Ahluwalia
Woman burned her husband alive after years of prolonged abuse
What is the difference from the old defence of ‘provocation’
The new law supports victims of domestic violence who kill their abusers
R v Duffy
The appellant attacked and killed her husband with a hammer and a hatchet whilst he was sleeping in bed.
What is cumulative loss of control
Who decides if the defendant has lost control
What were the changes made between the Homicide act 1957 and Coroners and Justice act 2009
Qualifiying trigger - fear of serious violence
Who are the most likely to use this aspect of the special defence
How is the defence subjective
R v Pearson
Qualifiying trigger - things said or done of extremely grave character
What is the exact phrase
How is this a narrow approach
How is the law different from the old law regarding ‘extremely grave’
R v Doughty
Sexual infidelity
Is it allowed
R v Clinton
How did the AG for Jersey v Holley ruling establish the defendant’s characteristics to be considered for the objective test
DPP v Camplin
R v Jewell
What does Helena Kennedy QC say about female reaction to domestic violence
R v Brown
