Manslaughter Flashcards
1
Q
How do you apply Loss of control in an exam?
A
I: “D may be able to argue the defence of voluntary manslaughter, specifically Loss of control”
D: “s.54 Coroners and Justice Act 2009 sets out a 3 stage test”
E: Stage 1- S.54 (2)- D must have lost their self control. This does not need to be sudden, but the longer the delay, the less likely the D will be able to get the defence
D’s circumstances are also relevant (Gregson) - depression, stress etc.