Murder And Voluntary Manslaughter

Question 1

Loss of Control

Answer 1

S54-55 Coroners and Justice Act 2009

Question 2

Subsection 54(1) states.. 
where a person (D) kills, D is not to be convicted of murder if:

Answer 2

A) D’s acts and omissions resulted from D’s loss of self-control
B) The loss of self-control had a qualifying trigger
C) A person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D might have reacted in the same or similar way

Question 3

Can loss of control be sudden? What section tells us this?

Answer 3

S54(2) states that the loss of self control doesn’t have to be sudden. However, the longer the delay the less likely the judge is to allow the defence

Question 4

Ibrams and Gregory

Answer 4

Evidence of planning - such delay operated against the defendant

Question 5

S54(4) specifically invalidates the defence where?

Answer 5

The killing is motivated by a desire for revenge

Question 6

Qualifying triggers

Answer 6

S55 identifies 3 qualifying triggers:

(3) D’s fear of serious violence
(4) Things done or said which not only constituted circumstances of an extremely grave character but also caused D to have a justifiable sense of being seriously wronged
(5) a combination of both

Question 7

Restrictions on qualifying triggers

S55(6)(A)

Answer 7

D’s fear of serious violence is to be disregarded if D incited something to be done or said to provide him with the excuse to use violence (R V DAWES)

Question 8

S55(6)(C)

Answer 8

Sexual infidelity is to be disregarded as a qualifying trigger if it is the sole basis for the defence

Question 9

R v Clinton

Answer 9

Sexual infidelity can be relevant in explanation of the potency of other legally allowable triggers and when examining the defs circumstances under the objective test

Question 10

Objective Test

Answer 10

Would someone same sex//age//circumstances react in the same way?
S54(3) circumstances applies to all circumstances except those that affect D’s capacity for tolerance and self restraint
I.E. Mohammed 2005 short temper