Voluntary Manslaughter BASICS Flashcards
What is loss of control?
- Special and partial defence to a charge of murder, where D can show they lacked MR due to LOC.
- Replaces previous defence of provocation
- Found under s.54 Coroners and justice act 2009
Under what act is LOC found?
s. 54 Coroner and Justice act 2009
What are the 3 elements under CJA 2009?
- Loss of self control
- Must be a qualifying trigger
- Would Someone of the same sex/age would react in a similar way as D
Outline element 1. Loss of self control
D must prove they have lost control but this does not have to be sudden.
What are the 3 Key cases in 1. Loss of self control?
R v Duffy - No cooling or planning time
R v Alhuwalia - Application case
Thornton - D had sharpened a knife, suggesting planning time
What section of the CJA 2009 sets out the main qualifying triggers?
s.55 of CJA 2009
What are the 2 main qualifying triggers?
- D’s fear of serious violence from V against D or another identified person.
- Things said or done which…
a. Constitute circumstances of extremely grave character or
b. Caused D to have a justifiable sense of being seriously wronged.
Which case relates to qualifiying trigger 1. Fear ?
This is where the D acts in fear of serious violence
R v Martin - No fear of serious violence, so cant use defence
Which 2 cases relate to qualifying trigger 2 . Things said or done?
R v Hatter - Part A and B are judged objectively.
- Hatter stabbed wife in her chest as she had cheated on him - the breakdown of relationships will not be considered as a justifiable sense of being wronged.
R v Doughty - Killed his son by throwing him at a wall because it wouldnt stop crying.
- Although this can be considered things done, it didnt show a justifibale sense of being seriously wronged.
What are 2 things which are not triggers?
Include sections
- Sexual infidelity - cheating
- S.54(3) states it cannot be a qualifying trigger. - If D acted in desire for revenge then by Virtue of s.54(4) this cannot be a qualifying trigger.
What case said if there has been a cumulative loss of control, sexual infidelity may be considered?
R v Clinton - D killed his wife as she cheated on him, provocated him, humilitaed him and taunted him about suicide.
Which case states revenge cannot be a qualifying trigger?
R v Ibrhams Gregory
What is the 3rd element of LOC?
Would someone of the same sex and age react in the same way?
The 2009 act requires whichever QT is relied on it is necessary for D to show that a person of the same sex and age with a normal degree of tolerance and self restraint and in the same circumstances as D, might have reacted in the same way.
The 2009 act requires whichever QT is relied on it is necessary for D to show that a person of the same _____ and age with a normal degree of ____ and self restraint and in the same circumstances as D, might have reacted in the ___.
Sex
Tolerance
Same way
What is element 3 similar to?
Old common law
It is similar to the old common law test in DPP v Camplain
What case states other illnesses may be taken into account in Element 3?
R v gregson
What will happen if the jury consider a normal person would not have reacted in the same way but may have lost control?
What case?
Defence will fail
As seen in R v Van Dongen
