Voluntary manslaughter - Loss of Control

Question 1

Case that establishes the meaning of ‘loss of control’

Answer 1

R v Jewell - Loss of control means loss of ability to act in accordance with normal powers of reasoning

D must have lost control and caused death - does not need to be sudden and temporary

Question 2

Act and section of loss of control

Answer 2

S54 and 55 of the Coroners & justice Act 2009

Question 3

Qualifying triggers (anger)

Answer 3

• Things said/done
• Needs to be circumstances of an extremely grave character
• Causes the D to have a justifiable sense of being wronged

Question 4

Case for anger as a qualifying trigger

Answer 4

Zebadee

Loss of control failed as it wasn’t in circumstances of an EGC and he did not have a JSBW

Question 5

Test part 2 - Qualifying triggers (fear)

Answer 5

D fears serious violence from V against self/another

Question 6

case for fear as a qualifying trigger

Answer 6

Dawes

Loss of control failed as D did not fear serious violence from the V as he started the fight

Question 7

What are the excluded matters of LofC?

Answer 7

• Revenge
• Infidelity
• Intoxication

Question 8

Test 3 - normal person test

Answer 8

• A person of D’s age and sex with a normal degree of tolerance and self restraint in the same circumstances react in the same way/similar

Question 9

Case for normal person test

Answer 9

Christian

LofC failed - RM may have reacted in those circumstances but not in such a violent way

Question 10

Can attribute certain characteristics

Answer 10

Camplin - age, sex, prior sexual abuse