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A2 Law - Voluntary Manslaughter > Loss Of Control > Flashcards

Loss Of Control Flashcards

1
Q

What is the main difference between voluntary and involuntary manslaughter?

A

For voluntary manslaughter the men’s read for murder exists whereas it does not for involuntary manslaughter.

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2
Q

What is the men’s rea for involuntary manslaughter?

A

The same men’s rea as for murder

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3
Q

What is voluntary manslaughter?

A

Where the defendant has required the actus reus and men’s rea for murder but there are mitigating circumstances which allow for a partial defence.

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4
Q

If the plea of voluntary manslaughter is successful, what is the difference to a murder conviction?

A

The defendants liability is reduced to manslaughter

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5
Q

Can a defendant be charged with voluntary manslaughter?

A

No, only convicted because it is a martial defence to a murder charge.

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6
Q

What does a manslaughter conviction avoid?

A

The mandatory life sentence required for a murder conviction.

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7
Q

What are the two defences available under voluntary manslaughter?

A

Loss of control and diminished responsibility.

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8
Q

What has replaced loss of control?

A

Provocation

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9
Q

What are the two forms on manslaughter?

A

Voluntary and involuntary manslaughter

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10
Q

What were the two partial defences to murder created under initially?

A

The homicide act 1957

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11
Q

Why was the partial defence of loss of control amended?

A

Following recommendations for reform by the law commission in their report, Murder, Manslaughter and Infanticide 2006

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12
Q

Whom recommended the partial defence of provocation should be amended?

A

The law commission

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13
Q

In which report did the law commission suggest their recommendations for reform of provocation?

A

Murder, Manslaughter and Infanticide 2006

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14
Q

What piece of legislation are the two partial defences to murder under?

A

The Coroners and Justice Act 2009

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15
Q

What does the Coroners and Justice act 2009 set out?

A

The two partial defences to murder - Loss of control and diminished responsibility

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16
Q

What did the Murder, Manslaughter and Infanticide report set out?

A

Recommendations for reform of the partial defence of provocation

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17
Q

What does S3 of the Homicide Act 1957 set out?

A

The old partial defence of provocation

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18
Q

What did the Homicide Act 1957 set out?

A

Provocation and diminished responsibility

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19
Q

Where is the defence of loss of control set out?

A

S54 and S55 of the Coroners and Justice Act 2009

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20
Q

What does S54 and S55 of the Coroners and Justice Act 2009 set out?

A

The principles of the defence of loss of control

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21
Q

What does S56 (1) of the Coroners and Justice Act 2009 set out?

A

That the common law defence of provocation is abolished and replaced by S54 and S55 of the Coroners Justice Act 2009

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22
Q

Where is it set out that the common law defence of provocation is abolished and replaced by S54 and S55 of the Coroners Justice Act 2009?

A

S56 (1) of the Coroners Justice Act 2009

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23
Q

Generally, what does S54 (1) of the Coroners Justice Act 2009 set out?

A

The criteria which allows the defendant to plead guilty of voluntary manslaughter as a result of loss of self control

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24
Q

Specifically, what does S54 (1) of the Coroners Justice Act 2009 say?

A

Where the defendant kills it is a party to the killing of another, the defendant is not to be convicted of murder if:

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25
Q

What does S54 (1) (a) of the Coroners Justice Act 2009 set out?

A

The defendants acts or omissions in doing or being party to the killing resulted from his/her loss of self control

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26
Q

Where does is state a defendant can plea guilty of voluntary manslaughter if the killing resulted in his/her loss of self control?

A

S54 (1) (a) of the Coroners Justice Act 2009

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27
Q

What does S54 (1) (b) of the Coroners Justice Act 2009 set out?

A

The loss of self control had a qualifying trigger and

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28
Q

Where does it set out the defendant must have had a qualifying trigger which resulted in the killing?

A

S54 (1) (b) of the Coroners Justice Act 2009

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29
Q

What does S54 (1) (c) of the Coroners Justice Act 2009 set out?

A

A person of the defendant’s age and sex, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant might have reacted in the same or similar way to the defendant

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30
Q

Where is the standard of control set out?

A

S54 (1) (a) of the Coroners Justice Act 2009

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31
Q

What does S54 (2) say?

A

For the purposes of subsection (1) (a) loss of control need not be sudden

32
Q

Where is it set out that loss of control need not be sudden?

A

S54 (2) of the Coroners Justice Act 2009

33
Q

What does S54 (3) set out?

A

“Circumstances of the D” is a reference to all of the defendant’s circumstances other than those whose only relevance to the D’s conduct is that they bear on the D’s General capacity for tolerance or self-restraint

34
Q

Where is an explanation of ‘circumstances of the defendant’?

A

S54 (3) of the Coroners Justice Act 2009

35
Q

What does S54 (4) of the Coroners Justice Act 2009 set out?

A

That S1 does not apply if the defendant acted in revenge

36
Q

What excludes defendants from pleaing guilty of voluntary manslaughter if they acted out of revenge?

A

S54 (4) of the Coroners Justice Act 2009

37
Q

What does S55 set out?

A

The meaning of a qualifying trigger

38
Q

Where is the definition of a qualifying trigger set out?

A

S55 of the Coroners Justice Act 2009

39
Q

What does S55 (2) of the Coroners Justice Act 2009 set out?

A

A loss of self control had a qualifying trigger if subsection (3), (4) and/or (5) applies

40
Q

What does S55 (3) of the Coroners Justice Act 2009 set out?

A

If the defendants loss of self control was attributable to the D’s fear of serious violence from the V against the D or another identifiable person

41
Q

Where is the qualifying trigger of the defendant fearing serious violence from the victims set out?

A

S55 (3) of the Coroners Justice Act 2009

42
Q

What does S55 (4) of the Coroners Justice Act 2009 set out?

A

If the defendants loss of control was attributable to things done or said (or both) which…

43
Q

Where is the qualifying trigger of the defendant acting as a result of things said or done set out?

A

S55 (4) of the Coroners Justice Act 2009

44
Q

What does S55 (4) (a) of the Coroners Justice Act 2009 set out?

A

Constituted circumstances of an extremely grave character and…

45
Q

Where is the qualifying trigger of things said or done from an extremely grave character set out?

A

S55 (4) (a) of the Coroners Justice Act 2009

46
Q

What does S55 (4) (b) of the Coroners Justice Act 2009 set out?

A

Causes the defendant to have a justifiable sense of being seriously wronged

47
Q

Where is having a ‘justifiable sense of being seriously wronged’ set out?

A

S55 (4) (b) of the Coroners Justice Act 2009

48
Q

What does S55 (5) of the Coroners Justice Act 2009 set out?

A

…this subsection applies if the defendants loss of self control was attributable to a combination of matters in S4a and S4b

49
Q

Writ out the chain of legislation of S55 (4) of the Coroners Justice Act 2009…

A

S55 (4) this subsection applies of the defendants loss of self control was attributable to things done or said (or both) which:
S55 (4) (a) constituted circumstances of an extremely grave character and
S55 (4) (b) caused the defendant to have a justifiable sense of being seriously wronged
S45 (5) this subsection applies if the defendants loss of self control is attributable to a combination of the matters in S4a and S4b

50
Q

What does S55 (6) (a) (b) of the Coroners Justice Act 2009 set out?

A

The defendants fear of serious violence is the be disregarded to the extent that if it was caused by a thing which the defendant incited to be said or done for the purpose of providing an excuse to use violence (excludes this qualifying trigger if the violence inflicted by the V was initially induced by the D)

51
Q

Where does is set out that the qualifying trigger within S55 (3) can be disregarded if the violence was indicted by the victim?

A

S55 (6) (a) (b) of the Coroners Justice Act 2009

52
Q

What does S55 (6) (c) of the Coroners Justice Act 2009 set out?

A

The fact that a thing said or done constituted sexual infidelity is to be disregarded

53
Q

Where does it set out that sexual infidelity is not a qualifying trigger?

A

S55 (6) (c) of the Coroners Justice Act 2009

54
Q

What subsections are considered wide within S54 and S55 of the Coroners Justice Act 2009?

A 
S54 (2)
S55 (3)
S55 (4)
S55 (4) (a)
S55 (4) (b) 
Potentially S55 (4)
55
Q

What subsections are considered narrow within S54 and S55 of the Coroners Justice Act 2009?

A

S54 (3)
S54 (4)
S55 (6) (a) (b)
S55 6 (c)

56
Q

When writing an essay, what factors (other than the principles of loss of control) need to be considered?

A

Public policy
Statutory interpretation
Precedent
Parliamentary intentions

57
Q

What cases are relevant to loss of control?

A

R V Dawes (2013)
R V Clinton (2012)
R V Asmelash

58
Q

When was the first interpretation of the meaning of loss of control provided?

A

R V Dawes (2013)

59
Q

What was the date of R v Dawes?

A

2013

60
Q

What happened in the case of R v Dawes (2013)?

A

The court of appeal gave its first interpretation of the meaning of “loss of control”

61
Q

What was the outcome of R v Dawes (2013)?

A

The appeals of three men against their murder convictions were dismissed.

62
Q

What did the court of appeal rule in the case of R v Dawes (2013)?

A

It ruled the circumstances in which ‘qualifying triggers’ will arise is much more limited than the equivalent provisions in the former provocation defence.

63
Q

What is the case of R v Dawes (2013) an example of?

A

The new defence of loss of control is considerably more narrow than the former provocation defence

64
Q

What case undermines S55 (6) (c) of the Coroners Justice Act 2009?

A

R V Clinton

65
Q

What is the problem of the case of R v Clinton?

A

It undermines the principles of S55 (6) (c) and has now set precedent which other judges may follow. This may lead to inconsistencies within the law as judges do not have to follow the law. This also leads us to question if parliaments intention have been met.

66
Q

What happened in the case of R v Clinton?

A

Clinton appealed against his murder conviction. He killed his wife after he found evidence of her infidelity of Facebook.

67
Q

What was the outcome of R v Clinton (2012)?

A

The defendant appealed his murder conviction and pleaded guilty to voluntary manslaughter and was successful.

68
Q

What type of test is the standard of control?

A

An objective test

69
Q

Provide an example of acceptable circumstances relating to standard of control…

A

The defendants history of abuse at the hands of the defendant

70
Q

Provide an unacceptable example of ‘circumstances’ relating to standard or control…

A

The defendants generally short temper

71
Q

What case is relevant to standard of control?

A

R v Asmelash

72
Q

What year was the case of R v Clinton?

A

(2012)

73
Q

How is the case of R v Asmelash related to standard of control?

A

Because the court of appeal held that the loss of control defence has to be approached without reference to the defendants voluntary intoxication

74
Q

What principle was set out within R v Asmelash?

A

That if a sober person in the defendants circumstances with normal levels of tolerance and self-restraint, might have behaved in the same way, the defendant would not be deprived of loss of control defence just because he was not sober.

75
Q

NEED TO DO EVALUATION POINTS

A

…

A2 Law - Voluntary Manslaughter (2 decks)

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