Loss of control- voluntary manslaughter Flashcards

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1
Q

What is the structure of loss of control?

A

1-Intro
3-Not master of mind.
4-S54 (2) and S54 (4)- revenge, time lapse
5-Qualifiying triggers
6-Restrictions
7-Objective test.

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2
Q

What act and section does loss of control fall under?

A

S54 and S55 of CAJA 2009.

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3
Q

What happens if LOC is argued sucessfully?

A

-Sentence reduced to voluntary manslaughter.
-Discressionary life sentence.

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4
Q

R V Duffy

A

‘so subject to passion that they were not master of his mind’

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5
Q

What should we look at first for LOC?

A

Was the defendant so subject to passion that they were not master of his mind (R V Duffy)

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6
Q

What is S54 (2) (discuss if relevant)

A

-The loss of control does not need to be sudden.

-Can be time lapse between qualifying trigger and reaction

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7
Q

What is S54 (4) (discuss if relevant)

A

-LOC cannot be used if desire for revenge

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8
Q

What is the leading case for LOC?

A

R V Jewell

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9
Q

What section are qualifying triggers under?

A

S55 (3) and (4) (5)

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10
Q

What are the qualifying triggers?

A

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.

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11
Q

Who is the burden of proof on?

A

-Prosecution.

-Prove beyond reasonable doubt.

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12
Q

What section are the restrictions under?

A

S55 (6) (a) (b) and (c)

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13
Q

Restrictions S55 (6) (a) (b) (c)

A

(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

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14
Q

R V Clinton

A

-Sexual infidelity not a qualifying trigger

-Does not prevent the defence where there are other triggers- viewed as a cohesive whole.

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15
Q

What is the objective person case?

A

R V Mohammad.

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16
Q

What section is the reasonable person test under?

A

S54 (1)

17
Q

What does S54 (1) reasonable person test ask?

A

-Has the D acted reasonably in the circumstances.

-A person with D’s age, sex and circumstances with a normal degree of tolerance would have acted the same way