Voluntary Manslaughter: Loss of Control

Question 1

1. Here the partial defence to Murder of Loss of Control may apply, set out in Sections…

Answer 1

Here the partial defence to Murder of Loss of Control may apply, set out in Sections 54 and 55 of the Coroners and Justices Act 2009.

Three tests must be satisfied:

Question 2

2. Firstly Under S54(2) there must be a…

Answer 2

Firstly, under S.54(2), there must be a Loss of Control.

The Loss of Control must be total, but it does not need to be sudden. However, a ‘considered desire for revenge’ will not be a loss of control, (Jewell).

Here [eg. D probably did have a total loss of control, and did not have a considered desire for revenge, when he suddenly jumped up and attacked V without warning].

Question 3

3. Secondly, under Section…

The First is known as the Fear Trigger…

The Second is known as the Anger Trigger…

Both Parts of the Anger Trigger are Judged Objectively…

Answer 3

Secondly, under S.55, the loss of control must have a qualifying trigger.

The First is known as the “Fear Trigger” under S.55(3), where the Defendant had a fear of serious violence by the victim against the defendant or another identified person, (Ward). The defendant must not have incited the violence however, (Dawes).

The second is known as the “Anger Trigger” under S.55(4), where things said or done (or both) constituted circumstances of an extremely grave character AND caused the defendant to have a justifiable sense of being seriously wronged.

Both parts of the Anger Trigger are judged objectively. A Relationship Break Up (Hatter) or Hurtful Remarks (Bowyer) will not be enough on their own to constitute ‘extremely grave’ or the defendant being ‘seriously wronged’.

Sexual infidelity alone will not be enough, (Clinton), but it can be considered if there are other things said or done. An accumulation of factors can be enough, (Dawes).

Here [eg 1. The Fear Trigger will apply as D had a fear of serious violence by V against himself, when V brandished a knife in his face, and he did not incite the fear himself].

eg 2. The Anger Trigger will apply as, from an objective point of view, the reasonable person would consider that V killing D’s wife and then boasting about it is ‘things said and done which constituted circumstances of an extremely grave character’ AND caused D to have a ‘justifiable sense of being seriously wronged’].

The Anger Trigger will apply as, from an objective point of view, the reasonable person would consider that V killing D’s wife and then boasting about it is ‘things said and done which constituted circumstances of an extremely grave character’ AND caused D to have a ‘justifiable sense of being seriously wronged’].

Question 4

Thirdly, under S.54, the court will ask whether a person…

This is an objective test, so for ‘circumstances of the defendant’ things that relate to the…

Answer 4

Thirdly, under S.54, the court will ask whether a person of the Defendant’s Sex and Age, with a normal degree of tolerance and self-restraint, and in the circumstances of the defendant, might have reacted in the same or similar way.

Question 5

5. This is an Objective Test so for…

Answer 5

This is an Objective Test, so for ‘Circumstances of the Defendant’ things that relate to the ‘General Capacity to Exercise Tolerance’ must be ignored, such as a short temper, or Voluntary Intoxication, and perhaps even Depression (Asmelash, Mohammed).

Here [eg. a person of D’s age and sex, with a normal degree of tolerance and restraint, in the circumstances of his wife having been murdered might have reacted by killing V or doing something similar – it was a reasonable response].

Question 6

6. TO CONCLUDE…

Answer 6

TO CONCLUDE, D will be liable for voluntary manslaughter not murder as all of the tests for loss of control are satisfied.