Loss of self-control

Question 1

What is voluntary manslaughter?

Answer 1

A crime that contains all elements of murder but is reduced to a charge of manslaughter due to a partial defence. This means it reduces liability.

Question 2

Define loss of self control?

Answer 2

The defendant must prove that they killed as a result of losing self-control at the time of the act and this was due to a qualifying trigger.

Question 3

What is the sentence for loss of self control?

Answer 3

Between 3 and 20 years imprisonment, but around 14 years is more typical

Question 4

Under section 54 of the Coroners and Justice Act 2009, how is loss of self control defence

Answer 4

A person who kills… may be convicted of manslaughter rather than murder where there is:
1. loss of self-control
2. caused by a qualifying trigger
3. a person of the same age, gender with normal degree of tolerance and self-restraint and in the same circumstances would have reacted in the same/a similar way

Question 5

How would you format this type of answer?

Answer 5

Loss of self-control, qualifying trigger, person of…

Question 6

What is section 54 part 2 of this act?

Answer 6

The loss of self-control does not need to be sudden. There can be a delay and there still can be a loss of self-control

Question 7

What is section 54 part 1 b of this act?

Answer 7

The defendant must have lost self-control

Question 8

Continue from section 54 part 2…

Answer 8

The partial defence might still apply where there was a delay between the provocative incident and the killing

Question 9

The loss of control must come from one of the qualifying triggers, or a combination of both:

Answer 9

1. Fear of serious violence against the victim or another identified person. This does not need to be immediate
2. Something said of done that caused the defendant to have a justifiable sense of being wronged

Question 10

How is fear judged?

Answer 10

Subjectively

Question 11

What are some limitations to the qualifying trigger?

Answer 11

The defendant incited the thing that caused fear/anger (Dawes), infidelity - if sole reason for loss of control, defence cannot be used, intoxication - if sole reason due to drugs/alcohol then defence is not available

Question 12

What would be considered for loss of self-control?

Answer 12

The age of the defendant, mental illness cannot be considered, the defendant cannot rely upon individual peculiarities