voluntary manslaughter - loss of control Flashcards
what is the actus reus of murder?
the unlawful killing of a reasonable creature in being under the king’s peace
what mens rea has to be proved?
malice aforethought, either express or implied
what is loss of control?
it is a partial, specific and statutory defense argued for murder
what is the definition of loss of control and where can we find it?
-D’s conduct resulted from a loss of self control, the loss of self control had a qualifying trigger, and a person of d’s sex and age in the the same circumstances, with normal tolerance and self restraint, may have done the same or a similar thing
- s54 of the Coroners Justice Act 2009
what does s54(1)(a) say?
d’s conduct must result from d’s loss of self control
what case defines loss of self control?
R v Jewell
what does R v Jewell define loss of self control as?
losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning
what does s54(2) say? what is the case that shows this?
-it does not matter whether or not the loss of self control is sudden
-R v Dawes
what is the exclusion from s54(4)?
the defence CANNOT use the defence if d acted out of a considered desire for revenge
what qualifying triggers can be seen in s54(1)(b)?
-fear trigger s55(3)
-anger trigger s55(4)
-combination of both s55(5)
what does s55(3) say about the fear trigger?
d’s loss of control must come from d’s fear of serious violence from v against d or another identified person
what case identified what ‘another identified person’ means?
-R v Ellis
what is the anger trigger?
-d’s loss of self control must come from things said or done which must be of an extremely grave character and give d a justifiable sense of being seriously wronged
what is a case example of something that is not extremely grave?
R v Evans
what does s55(6)(c) give an exclusion about?
-anger trigger
-the fact that the thing said or done constituted sexual infidelity must be disregarded
what does R v Clinton expand on about s55(6)(c)?
that if there is something said or done other than infidelity, where it would not make sense if it was disregarded, then it can be told to the jury
what is another exclusion from s55(a) and (b) against the anger trigger?
d cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence
where is the objective test defined?
s54(1)(c)
what is the objective test?
-a subjective test
.a persons sex or age
.in the circumstances of d
.with a normal degree of of tolerance and self defence
what is the general rule and exception to ‘d’s circumstance’ rule?
-refers to all of d’s circumstances
-however, if it is a circumstance which only affects d’s level of tolerance and self restraint it cannot be considered
