Loss of Control: Voluntary Manslaughter Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Define voluntary manslaughter

A

Offences in which the circumstances amount to murder, only the partial defence relevant reduces the charge to manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define loss of control

A

Partial defence to murder (as the defendant isn’t acquitted of all their charges, but the current offence is reduced to manslaughter if the requirements are satisfied)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What Act deals with loss of control?

A

s.54 of the Coroners & Justice Act 2009

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Outline the first requirement for loss of control + relevant case law

A

The defendant lost self - control, meaning they lost their ability to maintain their actions in accordance with considered judgement. For example,

They lost their normal powers of reasoning. Their behavior was atypical & out of character
Normally they wouldn’t have reacted in this way

If the evidence suggests that the defendant conducted a sustained & calculated attack, it’s unlikely that the defendant can use this as a defence, e.g R v Ibrahim’s & Gregory [1981] under s54 (4)

R v Gurpinar [2015], R v Jewell [2014], R v Dawes [2013]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Outline the second requirement for loss of control + relevant case law

A

There must be a qualifying trigger that prompted the defendant into losing self - control under s.55 of the CJA 2009
It can be things done or said that either amount to fear of serious violence, an extremely provocative act or a combination of both
s55 (6) (a) states that fear of serious violence fails as a defence if the defendant has incited a thing done or said for the purpose of providing an excuse to use violence.

This must lead the defendant into experiencing extremely grave character & apprehending a justifiable sense of being seriously wronged, e.g R v Zebedee [2012]

s55 (6) (c) states that sexual infidelity is not a thing done or said as long as something said or done is present, e.g R v Clinton [2012]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Outline the third requirement for loss of control + relevant case law

A

Would a reasonable person with a normal degree of tolerance & self - restraint acted in the same way the defendant did?

  • A person of the defendant’s same sex and age with a normal degree of tolerance and self - restraint, and in the same circumstances of the defendant might have reacted in the same or a similar way is objective to the jury
  • Lord Diplock argues that the court could not expect ‘an old head on young shoulders’ and that different degrees of tolerance and restraint are expected of men and women and also of different ages

R v Doughty [1986]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly