Voluntary Manslaughter Flashcards
What type of defence is loss of control?
A statutory, partial and specific defence to murder.
Where can loss of control be found?
The Coroners and Justice Act 2009
What does s54 of the Coroners and Justice Act 2009 say?
D shall not be convicted of murder but of voluntary manslaughter if?
-D’s conduct resulted from a loss of self control
-The loss of self control had a qualifying trigger
-A person of D’s age and sex in D’s circumstances, with normal tolerance and self restraint, might have done a similar thing
How does Jewell define a loss of self control?
Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.
What behaviours or emotions might indicate a loss of self control?
-D snaps
-Rage
-Anger
-Aggression/ violence
-Shaking/ crying
-Calmness
What does s54(2) of the Coroners and Justice Act 2009 say?
The loss of self control doesn’t need to be sudden although the sooner the loss of control is after the qualifying trigger, the easier it will be to prove.
Which case is an example of s54(2)?
R v Dawes
What kind of circumstances might make a person slower or quicker to lose control?
-Gender
-Short temper
-Cumulative provocation
-Intoxication
What does s54(4) of the Coroners and Justice Act 2009 say?
The defendant can’t use the defence of loss of control if he acted out of a ‘considered desire for revenge’.
How was s54(4) applied to R v Jewell?
It was decided that there was a considered desire for revenge so D couldn’t use the defence.
What does s54(1)(b) of the Coroners and Justice Act 2009 say?
D’s loss of self control must come from a qualifying trigger.
What does s55(3) of the Coroners and Justice Act 2009 say?
To use the fear trigger, D’s loss of control must come from D’s fear of serious violence from V against D or another identified person.
What happened in R v Ellis?
The older brother couldn’t use the defence because he had a considered desire for revenge meaning s54(4) applies. The younger brother feared serious harm for his brother so he could use s55(3) and so the defence of loss of control applies.
How is the fear trigger judged?
Subjectively, so if D genuinely fears serious harm from V, D can use the defence even if D’s fear is unreasonable.
What does s55(4) of the Coroners and Justice Act 2009 say?
To use the anger trigger, D’s loss of control must come from things said or done by V which must be of an extremely grave character and give D a justifiable sense of being seriously wronged.
What happened in Evans?
D could not use the anger trigger because the refusal of the offer of a cup of tea was not of an extremely grave character nor was it justifiable to feel seriously wronged because it was very trivial.
What does s55(6)(c) Coroners and Justice Act 2009 say?
The fact that the thing said or done constituted sexual infidelity must be disregarded (i.e you can’t use sexual infidelity as a qualifying trigger).
What did the court say about sexual infidelity in R v Clinton?
If only sexual infidelity is relied on for qualifying triggers, it must be disregarded. But it would be unrealistic to exclude it where it is integral to the facts of a case (it can be used as context when necessary).