Voluntary Manslaughter

Question 1

What are the three aspects of loss of control?

Answer 1

1. A loss of control has occurred
2. A ‘qualifying trigger’ is present
3. A person of the same sex & age may have acted the same

Question 2

What section is loss of control and statute?

Answer 2

Section 54 and 55 of the Coroners and Justice Act

Question 3

What defence did loss of control replace?

Answer 3

Provocation

Question 4

Explain the first requirement:

Answer 4

“A loss of control has occured”
- They must have actually experienced a loss of self control

Question 5

What does section 54 of the Coroners and Justice Act exclude?

Answer 5

Considered desire for revenge

Question 6

Name the two types of qualifying triggers:

Answer 6

1) Fear trigger
2) Anger trigger

Question 7

Explain the fear trigger with a case study:

Answer 7

“The defendant must have feared serious violence and acted in response to an immediate and serious threat”
R V Ward

Question 8

Explain the anger trigger with a case study:

Answer 8

“Must be done by an extremely grave character and a justifiable sense of being seriously wronged”
R V Zebedee

Question 9

What are the two excluded matters to the anger trigger?

Answer 9

1) Sexual infidelity
2) Deliberate Incitement

Question 10

What does requirement 3 state?

Answer 10

“Would a person of the same sex & age and of a reasonable tolerance may have acted the same?”

Question 11

Explain the rules of intoxication on loss of control and voluntary intoxication:

Answer 11

If someone is voluntarily intoxicted they cannot rely on the defense of loss of control. But if a sober circumstances as the defendant might have acted the same the defence may still be available.