Voluntary Manslaughter Flashcards
Loss of control
A partial defence to murder.
A statutory defence which can be found under the Coroners and Justice Act 2009.
S54 (1) Coroners and Justice Act 2009
When a person kills or is a party to a killing, D will not be convicted of murder if…
S54 (1) (a)
D’s act or omission in doing/ being a party to the killing resulted from D’s loss of self control
Jewell
‘Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning’
S54 (2)
D’s loss of self control need not be sudden. However, the sooner it is after the qualifying trigger, the easier it is to prove.
Dawes
“A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately”
S54 (4)
D cannot use the defence if he acted out of a considered desire for revenge.
S54 (1) (b)
D’s loss of self control must come from a qualifying trigger.
S55 (3)
Fear trigger.
D’s loss of self control must come from D’s fear of serious violence from V against D or another identified person.
Clinton (1)
It isn’t enough for D to fear violence. He must fear serious violence.
Ellis
Qualifying trigger is judged subjectively. So If D genuinely fears serious violence from V but D’s fear is unreasonable, D can still use the defence.
S55 (4)
Anger trigger.
D’s loss of self control must come from:
- Things said or done
- Of an extremely grave nature
- Gives D a justifiable sense of being seriously wronged
Evans
Did not give D a justifiable sense of being wronged because she simply refused a cup of tea after an argument.
Zebedee
Did not give D a justifiable sense of being seriously wronged because a 94 year old man soiling himself isn’t extremely grave.
Hatter
The break up of a relationship will not normally constituted circumstances of an extremely grave character and entitle the aggrieved party to feel a justifiable sense of being seriously wronged.
S55 (5)
Combination of fear and anger triggers.
Bowyer
D knew V as they were both in a relationship with a Prostitute. D decided to burgle V. When V returned home D beat V to death. D raised the defence of loss of control claiming:
I) he was in fear of serious violence from V
II) V made hurtful comments about the girlfriend which constituted things said which were of an extremely grave nature and gave D a justifiable sense of being wronged.
Court rejected both of D’s arguments.
S55 (6) (c)
Sexual infidelity exclusion.
The fact that the thing said or done constituted sexual infidelity must be disregarded.
Clinton (2)
If only sexual infidelity is relied upon for qualifying trigger, it must be disregarded. However, it would b unrealistic to exclude it where it is integral to the facts of the case.
S55 (6) (a) and (b)
Incitement exclusion.
D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence.
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 might have reacted in the same or in a similar way to D.
D’s Age
Normally, younger people tend to loose self control quicker.
D’s Sex
Generally, men are more short tempered than women.
S54 (3)
D’s circumstances.
Refers to all of D’s circumstances other than those whose relevance to D’s conduct is that they bear on D’s general capacity for tolerance or self restraint.
