Voluntary Manslaughter: Loss of Control Flashcards
What is voluntary manslaughter?
The defendant has both the actus reus and mens rea for murder but can use a defence
What are the defences available for voluntary manslaughter?
- Loss of Control
- Diminished Responsibility
What is the penalty for voluntary manslaughter?
Discretional life sentence, rather than murder’s mandatory life sentence
What act governs voluntary manslaughter?
Coroners and Justice Act 2009
What is S.54(1)(a) CJA 2009?
Defendant’s acts or omissions resulted from a loss of control
What is S.54(1)(b) CJA 2009?
Loss of control had a qualifying trigger
What is S.54(1)(c) CJA 2009?
A person of the same characteristics would have acted in the same way
What was held in R v Jewell?
There was not enough evidence, there must be more evidence than the defendant’s ‘bare assertion’
What defence did loss of control replace?
Provocation
What is stated in S.54(2) CJA 2009?
“It does not matter whether or not the loss of control was sudden”
What is stated in S.54(4) CJA 2009?
Loss of Control “does not apply when the defendant acted in a considered desire for revenge”
What was held in R v Baillie?
The COA allowed the claim as there was no time to cool down between the provocation and killing
How would R v Baillie be different under S.54(4) CJA 2009?
There was revenge and he would be denied his defence
What was the view of the 2006 Law Reform Report for “murder, manslaughter and infanticide”?
Loss of control should be removed completely as women in abusive relationships might kill of anger fear and frustration
What is a S.55(3) qualifying trigger?
Defendant had a fear of serious violence against themselves or another person
What is a S.55(4)(a) qualifying trigger?
Loss of control was due to something said or done that constitutes grave character
What is a S.55(4)(b) qualifying trigger?
The grave character justified a sense of being wronged
What is a S.55(5) qualifying trigger?
A combination of both triggers
What what held in R v Dawes?
The defendant had induced the violence and could not rely on S.55(3)
What is stated in S.55(6)(a) CJA 2009?
Where the defendant has induced the violence in order to have an excuse to use force, he can’t rely on a S.55(3) trigger
What was held in R v Doughty?
The jury should’ve decided provocation by ‘things done or said’
What was held in R v Zebedee?
The defendant was convicted of murder because no qualifying triggers were present
What is stated in S.55(6)(c) CJA 2009?
Where the thing said or done amounts to sexual infidelity, it is disregarded.
What was parliaments intention for S.55(6)(c) CJA 2009?
“No one owns or possesses their spouse or partner”
What was held in R v Clinton?
Sexual infidelity cannot be relied upon by itself, a mistrial was ordered
What was held in R v Rejamski?
Mental illnesses are not considered due to S.54(1)(c)
What was held in R v Asmelash?
Loss of control must be referenced without reference to intoxication
Lord Chief Justice
What was held in R v Van Dongen and Another?
A normal person would’ve lost control but not have acted in the same way
Lord Justice May corroborated this
What case was the provocation defence established?
R v Duffy
What was held in R v Wilcocks?
Personality disorder affected the gravity of the qualifying trigger and not general capacity and so could be considered
