Loss of control- voluntary manslaughter Flashcards
What is the structure of loss of control?
1-Intro
3-Not master of mind.
4-S54 (2) and S54 (4)- revenge, time lapse
5-Qualifiying triggers
6-Restrictions
7-Objective test.
What act and section does loss of control fall under?
S54 and S55 of CAJA 2009.
What happens if LOC is argued sucessfully?
-Sentence reduced to voluntary manslaughter.
-Discressionary life sentence.
R V Duffy
‘so subject to passion that they were not master of his mind’
What should we look at first for LOC?
Was the defendant so subject to passion that they were not master of his mind (R V Duffy)
What is S54 (2) (discuss if relevant)
-The loss of control does not need to be sudden.
-Can be time lapse between qualifying trigger and reaction
What is S54 (4) (discuss if relevant)
-LOC cannot be used if desire for revenge
What is the leading case for LOC?
R V Jewell
What section are qualifying triggers under?
S55 (3) and (4) (5)
What are the qualifying triggers?
S55 (3)-Threat of violence to D or loved one.
S55 (4)-Things said or done by an extremely grave character- justifiable sense of being seriously wronged.
S55 (5)- Mix of both.
Who is the burden of proof on?
-Prosecution.
-Prove beyond reasonable doubt.
What section are the restrictions under?
S55 (6) (a) (b) and (c)
Restrictions S55 (6) (a) (b) (c)
(a)D incites the threat of serious violence
(b)The D incites the thing said or done against them
(c) Anything in regard to sexual infidelity
R V Clinton
-Sexual infidelity not a qualifying trigger
-Does not prevent the defence where there are other triggers- viewed as a cohesive whole.
What is the objective person case?
R V Mohammad.
