UNIT3 VOLUNTARY MANSLAUGHTER

Question 1

What is and where is loss of control found in?

Answer 1

partial and specific statutory defence found in the Coroners and Justice Act 2009.

Question 2

What section defines loss of control?

Answer 2

S54(1) Coroners and Justice ACT 2009 says that where a person kills/is a party to the killing of another, D is not to be convicted of murder if:

Question 3

What does s54(1)(a) say?

Answer 3

D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self control.

Question 4

What does s54(1)(b) say?

Answer 4

the loss of self control had a qualifying trigger

Question 5

What does s54(1)(c) say?

Answer 5

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 way or in a similar way to D.

Question 6

What case defines ‘loss of self control’

Answer 6

Jewell defines loss of self control as losing the ability o act in accordance with considered judgement or a loss of normal powers of reasoning.

Question 7

What does S54(2)

Answer 7

says that D’s loss of control need not be sudden.