Voluntary Manslaughter - LoC Flashcards
What did the defence of loss of control replace?
The common law defence of provocation
What legislation covers loss of control?
S54 and 55 Coroners and Justice Act
What is the criteria for loss of control?
There must be a loss of self control with a qualifying trigger and D’s response to that trigger must be compared to that of a person of D’s sex and age, with a normal degree of tolerance, and self restraint and in the circumstances of D
Where is the burden of proof?
The prosecution
What does s54(5) and (6) say?
There must be sufficient evidence for the defence
Give the facts of Jewell
D drove to D’s house and shot him at point blank range
Give the ratio of Jewell
Judge said that it was basically a planned execution + there wasn’t sufficient evidence for loss of control
Give the facts of Workman
D murdered his wife
Give the ratio of Workman
There was not enough evidence for LoC
Give the facts of Barnsdale Quean
D strangled his wife to death with a chain
Give the ratio of Barnsdale Quean
Judge said there was no evidence for the defence
What does subsection 1(a) say?
The loss of control need not be sudden
Which case emphasised that the loss of control need not be sudden?
Dawes
What are the two qualifying triggers for loss of control
Fear of serious violence
OR
things said or done
What does subsection 55(3) say?
Fear of serious violence is a qualifying trigger
Give the facts of Ward
D pleaded loss of control after killing D who had physically attacked his brother
Give the ratio of Ward
D was successful with loss of control
Give the facts of Lodge
D killed a drug dealer after he had attacked him with a baseball bat
Give the ratio of Lodge
D successful with defence
What does s55(4) say?
Things said or done must be of extremely grave character and give D a justifiable sense of being seriously wronged
What did Dawes establish in terms of the effect of earlier events
Said the cumulative effect of earlier events can be taken into consideration
Give the facts of Dawes
D saw his wife and V asleep on the sofa fully clothed and stabbed V killing him
Give the ratio of Dawes
Violence was invited by D for the “purpose of providing an excuse to use violence”
Give the significance of Asmelash
Intoxication will not be taken into account as a circumstance
What does s55(6) say about sexual infidelity?
It is to be “disregarded” as a qualifying trigger
Give the facts of Clinton
V told her husband that she was having an affair, he beat her then strangled her to death
Give the ratio of Clinton
Judge withdrew the defence as there was no evidence for it and infidelity was to be ignored
Give an Ao2 point about Clinton
It follows what the act of Parliament says
Give the facts of R v Parker
V announced she would be leaving her husband due to his infidelity, D killed her
Give the ratio of R v Parker
Said D must not act out of a desire for revenge
Give the facts of Evans
D stabbed his wife after an argument where she threatened to leave him
Give the ratio of Evans
D must not act out of a considered desire for revenge
