Voluntary Manslaughter Flashcards
Definition of Voluntary Manslaughter?
The verdict when the defendant has a partial defence to murder, killing was conducted when the defendant was suffering from diminished responsibility or loss of control
Definition of Loss of Control?
Lost ability to maintain his or her actions in accordance with considered judgment
Lost normal powers of reasoning
D’s behaviour was typical or out of character
What Act does Loss of Control come under?
s.54 Coroners and Justice Act 2009
Cases for Loss of Control?
Ahluwalia
R v Jewell
What does Ahluwalia state about Loss of Control?
Does not have to be sudden
What does R v Jewell state about Loss of Control?
Needs to be sufficient evidence for D losing control
What are qualifying triggers for Loss of Control?
Defendant fear of serious violence from the victim against the defendant or another identified person
What is stated about “thing said or done” in Qualifying Triggers for Loss of Control?
If it is things done or said, then it must be established that the defendant feared that this person was of a seriously grave character and gave them justified sense of being wronged
Cases for Qualifying Triggers in Loss of Control?
R v Dawes
R v Doughty
What does R v Dawes state about Qualifying Triggers in Loss of Control?
If D incites violence then is unable to use the defence
What does R v Doughty state about Qualifying Triggers in Loss of Control?
A 19-day old baby crying would not satisfy the requirement of a person with a grave character
What are the Excluded Matters in Loss of Control?
Sexual Infidelity
Revenge
Case for Sexual Infidelity in Loss of Control?
R v Clinton - wife taunting husband is a qualifying trigger
Case for Revenge in Loss of Control?
R v Ballie
What is Standard of Self Control in Loss of Control?
Must show that “person of the same sex and age, with normal degree of tolerance and self – restraint and in the same circumstances, might have acted in the same or similar way”
