Voluntary Manslaughter - Loss of Control

Question 1

What is Loss of controls main feature and why does it remove liability of being convicted of murder

Answer 1

Lacks MR, where the defendant did not think

Question 2

What sentence does Loss of control carry and what act outlined it

Answer 2

Discretionary life sentence,
S.54 Coroners and Justice Act 2009

Question 3

What are the three rules of LoC

Answer 3

• Loss of self control
• Qualifying trigger
• Same age and sex, with a normal degree of tolerance would have reacted in the same way in the circumstance

Question 4

Define 1) Loss of self control

Answer 4

• Does not need to be sudden, to be fair on domestic violence cases (R v Alhuwalia)

Question 5

What Act outlines the 2) Qualifying triggers

Answer 5

s.55 Corners and Justice Act

Question 6

What are qualifying triggers

Answer 6

• Fear of serious injury
• things said or done
  (extremely grave character, sense of being seriously wronged)
  R v Hatter - decided objectively

Question 7

What is not a qualifying trigger

Answer 7

S.54 (3) - sexual infidelity
S.54 (4) - Revenge

Question 8

What does the reasonable test for LoC require

Answer 8

• A person of same sex and age in same circumstances would of reacted the same way
• Similar to old common law test - DDP v Camplin
• R v Van Dongen not successful, if would of lost control but no reacted in same way