VOLUNTARY MANSLAUGHTER - Defence of Loss of Control and Diminished Responsibilty under Coroners and Justice Act 2009

Question 1

What is Loss of control?

Answer 1

• Partial defence to murder and reduces the charge to voluntary manslaughter

Question 2

Case of Jewell

Answer 2

There must be a total loss of control which results in the D killing the V.

Question 3

1)There must be a qualifying trigger

Trigger?

Answer 3

Trigger can be a fear of serious violence from the V against the D or another person.

Question 4

A trigger can be a thing or things done or said which …

Answer 4

a) constituted circumstances of an extremely grave character and
b) caused D to have a justifiable sense of being seriously wronged

Question 5

R v Zebedee

Alzheimers

Answer 5

• Father suffered Alzheimers …he pooped on his son.

- It is a qualifying trigger but it’s not “extremely grave”

Question 6

R v Clinton

Answer 6

Sexual infidelity can’t count as “grave character” unless it includes taunting.

Question 7

R v Bowyer

Answer 7

V was entitled to do anything reasonable inc. using force to eject a burglar from his home.

Question 8

A person of D’s age and sex with a normal degree of tolerance and self-restraint

Answer 8

…. and in the circumstances of D would have reacted in the same or similar way to D

Question 9

Circumstances can include..

Answer 9

• Depression
• Epilepsy or any
• History of sexual abuse

Question 10

Intoxication as an issue:

Answer 10

• If it’s an issue defence can’t be used as a defence unless the act is reasonable + a reasonable person would do the same.

Question 11

Burden of proof

Answer 11

“to prove beyond reasonable doubt” that there wasn’t a LOC.