Voluntary Manslaughter - Loss of Control Flashcards
S54 Coroners and Justice Act (2009) - important
Loss of control is a special defence to murder available if D had thee Mens Rea for murder, but: D lost self-control, there was a qualifying trigger; and a person of the same sex and age would have reacted in the same way in the same circumstances
S54 Coroners and Justice Act (2009) - important
If the defence of loss of control is successful, D is not convicted of murder and is convicted of manslaughter instead.
S54 Coroners and Justice Act (2009) - important
The “qualifying triggers” for loss of control are a fear of violence or “things done or said” that are “extremely grave” and give D a “justifiable sense of being seriously wronged”. This is an objective test applied by the Jury.
S55 Coroners and Justice Act (2009) - important
The “excluded matters” that don’t count as qualifying are sexual infidelity and a desire for revenge.
R V Jewell (2014) - important
Wether D lost self-Control is for the jury to decide, but it must be a total loss of control. Serious anger or irritation eg lack of sleep or being tired won’t qualify for losing control.
R v Ward (2012) - important
For the qualifying trigger of fear of violence, D can fear violence against them or another, “identified person” close to them eg brother. It cannot be a general fear of violence.
R v Rejmanski (2017) - important
The objective test for loss of Control - that a person with a “normal degree of tolerance and self-restraint! would react in the same way - can take into account D’s particular characteristics eg mental illness or history of abuse, but these do not prove loss of control on their own.
R v Dawes (2013)
If D started violence, then D cannot rely on their fear of things said or done or fear of violence from V as a trigger
R v Doughty (1986)
A baby constantly crying could meet the test of “things done or said” as a qualifying trigger to reduce a conviction of murder to manslaughter
R v Zebedee (2012)
D’s father having Alzeihmer’s and repeatedly soiling himself did not meet the test of “things done or said” as a qualifying trigger to reduce a murder conviction
R v Clinton (2012)
Althoug sexual infidelity is an excluded matter if it is combined to other extremely grave things eg taunting suicide in this case it can be a qualifying trigger
R v Gassman (2017)
The objective test for loss of Control - that a person with a “normal degree of tolerance and self-restraint! would react in the same way - can take into account D’s particular characteristics eg mental illness or history of abuse, but these do not prove loss of control on their own.
