Voluntary Manslaughter: Loss of Control Flashcards
What is loss of control?
- A partial defence to murder.
What does it reduce murder to?
Voluntary manslaughter.
Who is the burden of proof on?
- The prosecution to disprove loss of control.
- Have to prove beyond all reasonable doubt.
Where is loss of control set out?
Section 54 subsection 1 of the Coroners and Justice Act 2009
What is element one?
- There must be a loss of control.
- Must be a total loss and not partial.
What is element two?
There must be a qualifying trigger.
What is a qualifying trigger?
Something which makes D lose control.
What are the two qualifying triggers?
- D fears serious violence.
- Things said/done are of grave character or caused D to have a justifiable sense of being seriously wronged.
Where does fear of violence come under?
Section 55 subsection 3 of the Coroners and Justice Act 2009.
What does section 55 subsection 3 state?
- D does not have to fear serious violence on themselves.
- Can be against another person, as long as they can be identified.
What does section 55 subsection 3 paragraph a state?
If D has incited the violence then they cannot have the defence.
What was held in R v Clinton?
- Sexual infidelity is excluded from the defence of having a justifiable sense of being seriously wronged.
- Unless D is taunted about it.
What is element three?
A person of D’s age and sex, with a normal degree of tolerance and self-restraint, in the circumstances might have reacted the same way.
What is taken into account when looking at the level of self-control?
- Age.
- Sex.
- Depression.
- History of abuse.
What is not taken into account when looking at the level of self-control?
If D has a bad temper.
What does the jury have to decide?
If a normal person in that situation would have reaction in the same or similar way.
