Voluntary Manslaughter: Loss of Control

Question 1

Loss of control

Answer 1

Partial defence
S54 CJA 2009

Question 2

Loss of control
Definition

Answer 2

Replaced partial defence of provocation
3 points have to be proved:
D must have lost self control
Must be a qualifying trigger
Person of the same age and sex as the d would have reacted the same way in the circumstances

Loss of self control
D must have lost self control when doing the acts which caused death
Doesn’t have to be sudden

Question 3

Ahluwalia 1992

Answer 3

D abused by husband for many years
Threatened her with violence next day
D waited until he was asleep
Poured petrol on him and set him alight
He died days later

Question 4

Qualifying triggers

Answer 4

S55
1) D fears serious violence from v against d
2) a thing done or said which contributed a circumstance of an extremely grave character and caused the d to have a justifiable sense of being seriously wronged

Question 5

Doughty 1986

Answer 5

D killed baby son because he wouldn’t stop crying
Allowed to use old defence of provocation but not loss of control

Question 6

Excludes matters

Answer 6

Sexual infidelity
Desire for revenge

Question 7

Sexual infidelity

Answer 7

Isn’t a qualifying trigger
Can be taken into account the circumstance surrounding fear of violence or things said or done

Question 8

Sexual infidelity
Case

Answer 8

Clinton 2012
Suffered from depression and was on medication
Killed wife day after she told him she was having an affair
Taunted him showing him websites on how to commit suicide
Allows to claim loss of control as sexual infidelity was only part of the circumstances

Question 9

Desire for revenge

Answer 9

Defence isn’t allowed if the d acted in a considered desire for revenge
If d had time to consider revenge then acted, he cannot claim loss of control

Question 10

Desire for revenge
Case

Answer 10

Ibrams and Gregory 1981
Ds (bf and gf) had been harassed by her ex
Had been reported to police but nothing was done
Eventually plotted and killed him
There was a plan to carry out revenge so wasn’t loss of control

Question 11

Standard of self control

Answer 11

Whatever qualifying trigger is used a reasonable man test must be applied - 2009 act
Person with Ds same age and sex with a normal degree of tolerance and self restraint and in the circumstance might have reacted a similar way

Question 12

Standard of self control
Case

Answer 12

Campion 1978
D (15 boy) had been sexually abused by an older man who then laughed at him
D reacted by hitting him over the head with a chapati pan killing him

Question 13

Circumstances

Answer 13

Can be taken into consideration in decided whether a normal person might have reacted in the same way