Voluntary Manslaughter Flashcards
s.54 Coroners and Justice Act (1)
Where a person kills or is a party to the killing of another, the person is not to be convicted of murder if…
s.54 Coroners and Justice act (1) (a)
The killing resulted from a loss of control
s.54 Coroners and Justice act (1) (b)
The loss of self-control had a qualifying trigger
s.54 Coroners and Justice act (1) (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
s.54 (2)
Does not matter whether or not the loss of control was sudden
D had a 12-hour cooling off period before shooting V with a shotgun case
R v Jewell
s.55 (3)
D’s fear of serious violence
s.55 (4)
Things said and done
Two types of things done and said
(a) of an extremely grave character
(b) D had a justifiable sense of being seriously wronged