Voluntary Manslaughter- Loss Of Control Flashcards
Where is the defence of loss of control found
s54 Coroners and Justice Act 2009
BUT previously Homicide act 1957
Who has the burden of proof
D raises more than a bare assertion then prosecution has to prove no loss
How do you prove loss of control? (3)
A) D’s act or omission resulted from D’s loss of control AND
B) loss of control had a qualifying trigger AND
C) a person of D’s sex & age, with normal tolerance and self-restraint would have acted in the same way
Define D’s acts / omissions resulted from D’s loss of self control
R v Jewell- CoA “D must’ve really lost it or snapped” - matter for jury to decide
How does a jury decide whether D “lost it or snapped”
- Temper, anger, or a reaction out of order is not sufficient
- must be in total loss of control
Does it have to be a sudden loss
No - s52(2) CJA 2009 - doesn’t have to be sudden
Unlike R v Ahulawalia since provocation didn’t allow it
What counts as a qualifying trigger?
s55(3):
- D’s fear of serious violence from v to D or other identified person OR
- a thing said or done (or both) which:
A) constituted circumstances of an extremely grave character
B) cause D to have a justifiable sense of wrong
What counts as fear of serious violence from v to d
- Fear must be genuine but not reasonable
- serious violence must be towards D or another identified person
- threat of violence not sufficient
What counts as circumstances of an extremely grave character?
R v Doughty - not left to jury to decide
R v Zebedee - left to jury - Guilty
What counts as a justifiable sense of being wronged
Left to jury to decide
What is not a qualifying trigger?
R v Dawes - inciting violence
R v Ibrams - desire of revenge
s55(6)(c) - sexual infidelity
BUT R v Clinton - sexual infidelity can if it’s not the only trigger
What counts as a standard of self control ?
s54(1)(c) - R v Rejmanski - conduct of D to be judged by jury against normal standards
What happens if claim is successful
Judge has discretion in sentencing
