voluntary manslaughter - loss of control Flashcards
where is the law on loss of control found?
Section 54 of the Coroners and Justice Act (2009)
what type of defence is loss of control?
partial defence – reduces murder conviction to one of voluntary manslaughter
definition of loss of control
Where the defendant kills or is a party to a the killing of another, D is not to be convicted of murder if:
- D lost control
- Loss of control had a qualifying trigger
- A person of D’s age and sex with a normal degree of tolerance and self-restraint might have reacted in the same way or in a similar way to D
D lost control
loss of control
Section 54(2) of the 2009 Act sets out that the defendant’s loss of self-control does not have to be sudden
Whether the defendant lost self-control will be a matter for the jury to decide and will have to be a total loss of self-control – a partial loss will not be sufficient
qualifying trigger
loss of control
Section 55 sets out qualifying triggers
1) D’s fear of serious violence from V against D or another identified person
2) A thing or things done or said (or both) which
* a) constituted circumstances of an extremely grave character
* b) caused D to have a justifiable sense of being seriously wronged
qualifying trigger - 1) fear of violence
qualifying trigger
can be against D or another ‘identified’ person
qualifying trigger - 2) things said or done
what are excluded triggers?
Excluded triggers include
- discovery of sexual infidelity - Clinton
- acting in a considered desire for revenge - Ibrams and Gregory
Same age and sex with normal degree of tolerance and self-restraint would do same thing in same circumstances
Camplin – must compare to someone of same age and sex
Gregson – depression, epilepsy and unemployment could be considered as circumstances
Clinton – can take into account sexual infidelity as a circumstance but not as a trigger
Van Dongen – jury said they would have lost control, but wouldn’t have done the same thing in those circumstances.
