Voluntary manslaughter - LoC P1

Question 1

What two types of defences is LoC

Answer 1

Partial defence - reduces the conviction from murder to vol mans
Special defence - only applies to murder

Question 2

Who is the burden of proof on for LoC

Answer 2

Burden of proof is on the prosecution

Question 3

Which statute sets out the defence of LoC

Answer 3

s54 Coroners and Justice Act 2009

Question 4

What are the three stages of LoC

Answer 4

D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self-control,
The loss of self-control had a qualifying trigger, and
A person of D’s sex and age, with normal tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way

Question 5

What is the first stage of LoC

Answer 5

D must kill as a result of loss of self-control

Question 6

Which case defined LoC

Answer 6

Jewell - D claimed his head was fucked up

Question 7

What is the definition of LoC

Answer 7

Loss of ability to act with considered judgement

Question 8

Does LoC need to be sudden

Answer 8

No - this was discriminatory towards women who are stereotypically slow burners

Question 9

However, the longer the delay…

Answer 9

The less likely is the defence of LoC will succeed

Question 10

Which case established that a cooley planned act of revenge is not loss of control

Answer 10

Ibram and Gregory

Question 11

Which case showed that D remained out of control without a cooling off period - a father killed his sons drug dealer

Answer 11

Baillie

Question 12

What is the second stage of LoC

Answer 12

LoC must have been caused from a qualifying trigger

Question 13

How many triggers are there

Answer 13

3

Question 14

What are all three qualifying triggers and their relevant statutes

Answer 14

S55(3) Fear trigger
S55(4) Anger trigger
S55(5) Combination trigger

Question 15

What is meant by the S55(3) Fear trigger

Answer 15

D will need to show that he lost control because of genuine fear of serious violence - does not matter if this fear is unreasonable
Subjective: D must feel fear
Objective: D must fear serious violence

Question 16

Which case showed that for the fear trigger, D must fear serious violence from V

Answer 16

Lodge

Question 17

Which case showed that for the fear trigger, D does not have to fear for his own safety, but can fear for the safety of others (brother in this case)

Answer 17

Ward

Question 18

What is meant by S55(4) Anger trigger

Answer 18

A thing or things done or said (or both) which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
Justifiable is objectively tested

Question 19

Which trigger has a higher threshold and why

Answer 19

Anger trigger to avoid absurd decisions

Question 20

Which case shows the difference between evidence provided for provacation compared to LoC

Answer 20

Doughty

Question 21

Which case showed that things said or done did not amount to a circumstance of extremely grave character - Incontinent father killed by son

Answer 21

Zebedee

Question 22

What is meant by S55(5) Combination trigger

Answer 22

Combination of both the fear and anger trigger

Question 23

How many Restrictions to the qualifying triggers are there

Answer 23

3

Question 24

What is the S55(6)(a) restriction

Answer 24

Fear trigger - Ds fear of serious violence is disregarded if D incited something to be fearful of

Question 25

Which case is used for S55(6)(a) where D incited violence by throwing bottle at V

Answer 25

Dawes

Question 26

What is the S55(6)(b) restriction

Answer 26

Anger trigger - D cannot incite a thing said or done which causes him a sense of being seriously wronged

Question 27

What is the S55(6)(c) restriction

Answer 27

Anger trigger - sexual infidelity cannot be a qualifying trigger

Question 28

Which case shows S55(6)(c) restriction and involved D stabing V after she kissed another man

Answer 28

Hatter

Question 29

Why was the case of Clinton significant for S55(6)(c) restriction

Answer 29

Judge should not of disregarded all the relevant triggers He should have disregarded the sexual infidelity trigger but leave the other 2 (Mocking Ds mentl health and saying she didnt want the kids) as their own triggers to see if they qualify for anger/ fear

Question 30

What is the last stage of LoC

Answer 30

A person of the same sex and age, with normal tolerance and self-restraint, would have reacted in the same way as D in the same circumstances

Question 31

How many stages is in the third stage of LoC

Answer 31

3

Question 32

What is the first stage in the last stage of LoC

Answer 32

A person of D’s age and sex

Question 33

What is meant by 'A person of D’s age and sex'

Answer 33

These are subjective criteria and acknowledge that there might be a different response by the genders, but also that age may impact upon how D acts

Question 34

What is the second stage in the last stage of LoC

Answer 34

With normal tolerance and self-restrain

Question 35

What is meant by 'with normal tolerance and self-restrain'

Answer 35

The level of control must be reasonable Personality disorders, short-tempers, voluntary intoxication and mental illnesses are ignored for this Only characteristics of D considered is those relating to Ds circumstances

Question 36

What are the 4 cases used for the aspects ignored for 'with normal tolerance and self-restrain'

Answer 36

Rejmanski - personality disorder Mohammed – short-temper ignored Asmelash – voluntary intoxication must be ignored Meanza - mental illness ignored

Question 37

What is the last stage in the last stage of LoC

Answer 37

Would have reacted the same as D in the same circumstances

Question 38

What is meant by 'would have reacted the same as D in the same circumstances'

Answer 38

While short temper is not a relevant consideration, circumstances such as histor of abuse, epilepsy, depresson can affect the way D, and a reasonable man in D's circumstances, would react

Question 39

Which case showed that history and teasing for epilsepy, unemployment and depression can be considered to cause grave character

Answer 39

Gregson

Question 40

Which case showed that history of sexual abuse as a child can be considered to cause a grave character

Answer 40

Hill

Question 41

What is a summary comparison between LoC and Dim Rep

Answer 41

LoC applies when there are extraordinary external circumstances DimRep applies when D himself is out of ordinary