Voluntary manslaughter- Loss of control Flashcards
1
Q
Voluntary manslaughter> loss of control elements
A
D must kill as a result of loss of self-control;
This loss of self-control must have been caused by a recognised “qualifying
trigger”;
A person with normal self-control might have reacted in a similar way in D’s
situation.
2
Q
Voluntary manslaughter>loss of control> killing must be a result of loss of control
A
The Loss of Self-control
S54(2) >the loss of self-control does not need to be sudden.
there may be a time delay between the qualifying trigger and the reaction of the
defendant in killing the victim.
IBRAMS V GREGORY> planned attack over many days>not allowed this defence. too much time
3
Q
3 qualifying triggers are
A
- D’s fear of serious violence from V against D or another identified person;
*- thing(s) done and/or said which not only constituted circumstances of an extremely grave character but also caused D to have a justifiable sense of
being seriously wronged;
-S55(5) a combination of S55(3) and S55(4).
- D’s fear of serious violence from V against D or another identified person;
