Voluntary Manslaughter- Loss Of Control

Question 1

Where was this first established

Answer 1

S.54 of the coroners justice act 2009

Question 2

Is this partial/complete defence

Answer 2

This is a partial defence for murder to manslaughter

Question 3

Why was this introduced

Answer 3

Introduced in response to concerns in relation to the defence of provocation (which had a gender bias)

Question 4

What are the elements

Answer 4

• a loss of self control
• loss of control had a qualifying trigger
• a person of the same sex and age with a normal degree of tolerance in the circumstance of D would have reacted in the same/similar way

Question 5

—Loss of control

Answer 5

Has to be total loss of control , D must have really ‘lost it’ or ‘snapped’ R v Jewell (temper, anger is not sufficient)

Question 6

Loss of control does not have to be sudden

Answer 6

R v Aluwalia

Allows for greater leniency for those who kill in response to long term, sustained abuse

Question 7

What is the first element of Qualifying trigger

Answer 7

Where loss of control was attributed to:

1) the D’s fear of serious violence from V against D or another identified person

Question 8

What is the second element of qualifying trigger?

Answer 8

Things said or done which-

a) constituted circumstances of extremely grave character (circumstances facing the defendant were “unusual”)
b) caused D to have justifiable sense of being extremely wronged

both to be proved if D is to rely on this qualifying trigger

Question 9

Where D has incited the violence in order to have an excuse to use force, cannot rely on qualifying trigger

Answer 9

R v Dawes

Question 10

D does not have to fear violence from V; fear of violence on another person can amount to a qualifying trigger

Answer 10

R v Ward 2012 (fear of violence to his brother)

person who D fears is going to use violence has to be identifiable, it cannot be a general fear of violence

Question 11

R v Hatter (2013) and things said or done

Answer 11

it was observed in this case that the circumstances must be extremely grave and D’s sense of being seriously wronged by them must be justified
requires objective assessment by judge and/or jury

Question 12

R v Clinton

Answer 12

sexual infidelity cannot alone amount to qualifying trigger but with other things it can be considered

Question 13

desire for revenge

Answer 13

defence cannot allow if D acted in a “considered desire for revenge”

Question 14

R v Lodge and fearing violence from V against D

Answer 14

lost control and killed V who had attacked him with a baseball bat, loss of control successful

Question 15

standard of self control?

Answer 15

whichever qualifying trigger D relies on, it is necessary D shows that a person of D’s sex and age, with normal degree of tolerance in the circumstance of D would have reacted in same way.

Question 16

circumstances of D?

Answer 16

although only sex and age can be considered, other circumstances may be considered in deciding whether such a ‘normal person’ would have reacted in same way:

• depression
• epilepsy
• history of sexual abuse

Question 17

voluntary intoxication?

Answer 17

not matter to be considered (Asmelash) unless sober person of same sex and age would act in the same way or if D had problem with alcohol and drugs and is mercilessly taunted about condition which makes it qualifying trigger

Question 18

reacting in same way

Answer 18

jury has to consider this, if jury considers normal person would lose control but would not act in the same way, no defence