Voluntary Manslaughter: Loss of Control

Question 1

Main A01 points of Loss of Control

Answer 1

• Qualifying Triggers (Things said or done/ Excluded matters)
• Standard of self-control
• Circumstances of D

Question 2

What is loss of control?

Answer 2

• Partial defence
• Replaces defence of provocation
• Set out in s54 of the Coroners and Justice Act 2009

Question 3

What is essential for the defence to be successful?

Answer 3

• D must have lost self-control
• There must be qualifying trigger
• A person of the same sex and age would have reacted in the same way as D in the same circumstances

Question 4

What case influenced loss of control?

Answer 4

Ahluwalia (1992)

Question 5

What could loss of control mean/look like?

Answer 5

• D lost their ability to maintain their action in accordance with considered judgement.
• D lost their normal powers of reasoning.
• D’s behaviour was out of character.

Question 6

In order for there to be a qualifying trigger what does the Act set out?

Answer 6

• D must have a fear of serious violence from V or another identified person. Or…
• Things said or done

Question 7

What are two points in things said or done?

Answer 7

• They were of an ‘extremely grave character’

- They caused D to have a justifiable sense of being seriously wronged

Question 8

What two cases show things said or done?

Answer 8

• Doughty

- Zebedee

Question 9

What is excluded from loss of control defence?

Answer 9

Sexual infidelity and the desire for revenge.

-Can still be used if it is integral to the case and other factors involved (Clinton 2012)

Question 10

What is standard of control?

Answer 10

The 2009 act requires D to show that a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way.

Question 11

What are examples of circumstances of D that may be taken into account?

Answer 11

• Depression
• Epilepsy
• Any history of sexual abuse

Question 12

Loss of control: Voluntary intoxication?

Answer 12

• Voluntary intoxication is not a matter to be considered as part of D’s circumstances.
• If a sober person might have behaved in the same way - loss of control may be used.
• If a person with drugs/alcohol problems is taunted = circumstances of D.

Question 13

Voluntary Intoxication Case

Answer 13

Asmelash (2013)