Voluntary manslaughter (loss of control) Flashcards
Why can a murder charge be reduced to manslaughter ?
they may not have had intention or they had a defence
What does a person have to prove to use a loss of control defence ?
The defendant lost control
There was a qualifying trigger
A person of the same sex and age would’ve reacted in the same way
What happens when the defendant raises a defence ?
The burden of proof is on the prosecution to disprove them
Does the defendants loss of control need to be sudden ?
no
s.55 sets out that loss of control must be attributed to ?
serious fear of violence
constituted circumstances of an extremely grave character
caused the defendant to feel a justifiable sense of being wronged
when may this defence not be allowed ?
in the case of sexual infidelity
What does s.54 state in terms of sexual infidelity ?
That it should be disregarded, but can be considered among other factors
Can this defence be used for revenge killings ?
no
