Loss Of Control Flashcards
What is the main difference between voluntary and involuntary manslaughter?
For voluntary manslaughter the men’s read for murder exists whereas it does not for involuntary manslaughter.
What is the men’s rea for involuntary manslaughter?
The same men’s rea as for murder
What is voluntary manslaughter?
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.
If the plea of voluntary manslaughter is successful, what is the difference to a murder conviction?
The defendants liability is reduced to manslaughter
Can a defendant be charged with voluntary manslaughter?
No, only convicted because it is a martial defence to a murder charge.
What does a manslaughter conviction avoid?
The mandatory life sentence required for a murder conviction.
What are the two defences available under voluntary manslaughter?
Loss of control and diminished responsibility.
What has replaced loss of control?
Provocation
What are the two forms on manslaughter?
Voluntary and involuntary manslaughter
What were the two partial defences to murder created under initially?
The homicide act 1957
Why was the partial defence of loss of control amended?
Following recommendations for reform by the law commission in their report, Murder, Manslaughter and Infanticide 2006
Whom recommended the partial defence of provocation should be amended?
The law commission
In which report did the law commission suggest their recommendations for reform of provocation?
Murder, Manslaughter and Infanticide 2006
What piece of legislation are the two partial defences to murder under?
The Coroners and Justice Act 2009
What does the Coroners and Justice act 2009 set out?
The two partial defences to murder - Loss of control and diminished responsibility
What did the Murder, Manslaughter and Infanticide report set out?
Recommendations for reform of the partial defence of provocation
What does S3 of the Homicide Act 1957 set out?
The old partial defence of provocation
What did the Homicide Act 1957 set out?
Provocation and diminished responsibility
Where is the defence of loss of control set out?
S54 and S55 of the Coroners and Justice Act 2009
What does S54 and S55 of the Coroners and Justice Act 2009 set out?
The principles of the defence of loss of control
What does S56 (1) of the Coroners and Justice Act 2009 set out?
That the common law defence of provocation is abolished and replaced by S54 and S55 of the Coroners Justice Act 2009
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?
S56 (1) of the Coroners Justice Act 2009
Generally, what does S54 (1) of the Coroners Justice Act 2009 set out?
The criteria which allows the defendant to plead guilty of voluntary manslaughter as a result of loss of self control
Specifically, what does S54 (1) of the Coroners Justice Act 2009 say?
Where the defendant kills it is a party to the killing of another, the defendant is not to be convicted of murder if:
What does S54 (1) (a) of the Coroners Justice Act 2009 set out?
The defendants acts or omissions in doing or being party to the killing resulted from his/her loss of self control
Where does is state a defendant can plea guilty of voluntary manslaughter if the killing resulted in his/her loss of self control?
S54 (1) (a) of the Coroners Justice Act 2009
What does S54 (1) (b) of the Coroners Justice Act 2009 set out?
The loss of self control had a qualifying trigger and
Where does it set out the defendant must have had a qualifying trigger which resulted in the killing?
S54 (1) (b) of the Coroners Justice Act 2009
What does S54 (1) (c) of the Coroners Justice Act 2009 set out?
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
Where is the standard of control set out?
S54 (1) (a) of the Coroners Justice Act 2009