Vol Manslaugter LOC

Question 1

R v Clinton

Answer 1

D killed his ex wife following taunts,revelations about affairs and mental illness.
Held sexual infidelity by itself Is not a qualifying trigger.

Question 2

R v dawes

Answer 2

D attacked v with a bottle after finding him asleep with his wife. V attacked D and then D stabbed V.
Held qualifying triggers based ins.55(3)(4)(5) still apply despite D,a bad behaviour, unless his actions were intended to provide him with the excuse or opportunity to use violence.

Question 3

R v jewell

Answer 3

D had driven to v’s house, to pick them up and then shot him at gun point.
Held d lost the ability to act in accordance with considered judgement or in normal powers of reasoning. It was in revenge

Question 4

R v hatter

Answer 4

D stabbed V because v had a relationship with another and then stabbed himself.
Court stated ‘circumstances must be extremely grave and D’s sense of being seriously wronged by them must be justifiable. ‘ no evidence shows relationship to cause party got loose control

Question 5

R v ward

Answer 5

D killed v who physically attacked need D’s brother at a house party.
Held despite not fearing serious violence personally but a.55(3) nevertheless applied as he feared C would use violence on his brother

Question 6

R v bowyer

Answer 6

D killed v, however it was held D had no justifiable sense of being wronged given that he was committing a burglary at the time of the offence

Question 7

Asmelash

Answer 7

D and v both in an argument D stabbed v killing him. Held D’s intoxication was not relevant circumstance and should therefore be disregarded when jury applied the test.

Question 8

Where is loss of control defined?

Answer 8

S.54 corners and justice act

Question 9

What is the definition for LOC?

Answer 9

D must loose control because of a qualifying trigger, which a person of the same sex and age with a normal degree of tolerance would have reacted in the same way

Question 10

What does s54 state?

Answer 10

D must loose control

Question 11

What case states under s.54 the circumstances must be extremely grave and D’s send of being wronged must be justifiable?

Answer 11

R v hatter

Question 12

What does s.55 define?

Answer 12

Qualifying trigger

Question 13

What are the two types of qualifying triggers?

Answer 13

D’s fear of serious violence from v

Or somthing said it done by v that constituted circumstances of extremely grace character

Question 14

What cases show D’s fear of serious violence?

Answer 14

R v ward

R v lodge

Question 15

What cases show somthing said or done by v constituting to extremely grave circumstances?

Answer 15

R v Clinton

R v Dawes

Question 16

What case shows that d must have been wronged?

Answer 16

R v boyer

Question 17

What case shows that the defence is unavailable?

Answer 17

R v Jewell- defence not available to whose who act in revenge

Question 18

What does s.54(1)(c) state?

Answer 18

Requires a person of D’s sex and age with a normal degree of tolerance and self restraint in D’s circumstances have reacted in the same way. Question of jury

Question 19

What case shows D’s intoxication is not relevant to the test?

Answer 19

Asmelash

Question 20

A03- immediacy

Answer 20

No longer sudden, this was aid to help women who reacted in different ways. Law commission proposed to removed the loss of control element to help women in abusive relationships but was rejected

Question 21

A03- unclear def on revenge

Answer 21

What is considered an act of revenge?

S.54(2) states LOC need not be sudden however if there is a delay from d reacting this can look like revenge

Question 22

A03- limitations on fear tigger

Answer 22

First d must fear serious violence from V and will be used against D or another identified person(r v ward).
Carol whiteys writing on criminal law and justice states trigger was Particularly intended to assist women who fear violence at hand of abusive partners and subsequently kill. Note states that it can’t be fear that V will, in the future, use serious violence against people generally

Question 23

A03- trigger for thing said or done

Answer 23

Trigger for things said or done covers roughly same terrain as old provocation. However 2 criteria’s added: things said or done constitutes circumstances of extremely grave character & D had a send of being wronged.
No further definition if offered meaning many inconsistencies in decisions until appeals interpret phrases across range of cases