voluntary manslaughter

Question 1

what is the act that defines loss of control?

Answer 1

S54(1) Coroners and Justice Act 2009

Question 2

what are the 3 sections of S54(1) Coroners and Justice Act 2009?

Answer 2

• s54(1)(a): acts must be a result from d’s loss of control
  -s54(1)(b): the loss of self control has a qualifying trigger
  -s54(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 may have reacted in the same way

Question 3

what is the case where loss of control is defined?

Answer 3

R v Jewell

Question 4

what does R v Jewell say?

Answer 4

losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning

Question 5

what does s54(2) state about time?

Answer 5

that loss of control need not be sudden, but it will be harder to prove with the longer it takes

Question 6

what does s54(4) say about when the defence cannot be used?

Answer 6

the defendant cannot use the defence if he acted out of a considered desire for revenge

Question 7

what are the 2 types of qualifying triggers?

Answer 7

fear trigger and anger trigger

Question 8

what does s55(3) say?

Answer 8

that d’s loss of control must come from d’s fear of serious violence from V against D or another identified person

Question 9

what does s55(4) say?

Answer 9

that d’s loss of control must come from things said or done by v which must be of an extremely grave character and gives d a justifiable sense of being seriously wronged

Question 10

what is the case for showing what is considered NOT extremely grave?

Answer 10

Evans