Loss of Control Manslaughter

Question 1

s.54 Coroners and Justice Act 2009

Answer 1

Loss of Control Manslaughter

Question 2

s.54(1) A person who kills may be convicted of manslaughter rather than murder where there exists -

Answer 2

(a) a loss of self-control
(b) the loss of control had a ‘qualifying trigger’, and
(c) a person of D’s sex and age, with a normal degree of tolerance and self-constraint and in the circumstances of D, might have reacted in the same or similar way to D

Question 3

Loss of self-control

Answer 3

Loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning
-Jewell 2014

Question 4

How is loss of control judged?

Answer 4

Subjectively

Question 5

s.54(2)

Answer 5

Loss of control need not be sudden

Question 6

s.54(4)

Answer 6

Excludes situations where D has acted ‘in a considered desire for revenge’

Question 7

s.55 Coroners and Justice Act 2009

Answer 7

Qualifying Triggers

Question 8

s.55(3)

Answer 8

The ‘fear’ trigger
-D fears serious violence against D or another identified person
-Ward 2012
(subjective)

Question 9

s.55(4)

Answer 9

The ‘anger’ trigger
-Things said or done which are:
-of extremely grave
character
-caused D to have a
justifiable sense of being
seriously wronged
-Zebedee
(objective)

Question 10

s.55(6)

Answer 10

Limitations on qualifying triggers
-sexual infidelity - Clinton 2012
-incitement - Dawes 2013
-revenge s.55(4)

Question 11

s.54(1)(c)

Answer 11

Normal person test
Requires that a person of D’s sex and age, with a normal degree of tolerance and self-restraint, in D’s circumstances, might have reacted in the same or similar way to D
-Rejmanski 2017

Question 12

Asmelash 2013

Answer 12

Voluntary intoxication is not a ‘circumstance’ for the purposes of the normal person test

Question 13

Christian 2018

Answer 13

A normal person might have reacted in the same way or similar way to D