voluntary manslaughter- loss of control

Question 1

defined in

Answer 1

section s54&55 of coroners and justices act 2009

Question 2

1st rule

Answer 2

otoal loss of control.Does not need to be complete.’ considered desire for revenge’ is not enough (jewells).Loss of control- unable to maintain action in accordance with considered judgement, lost powers of reasoning, acted out of character.

Question 3

2nd rule

Answer 3

qualifying triggers

Question 4

s55 (3)

Answer 4

Fear trigger- D feared serious violence against himself or another identified person(ward) D must not have incited the violence

Question 5

s55(4)

Answer 5

Anger trigger- things said or done that consitute extremely grave character and make D feel a justifiable sense of being seriously wronged.

Question 6

limitations of anger trigger

Answer 6

break-ups, hurtful remarks= not grave character
Sexual infidelity alone= not grave character, unless alongisde other things said or done
Accumulation of factors= depends (clinton)

Question 7

Rule 3

Answer 7

Would a person of D’s sex and age, with a normal degree of self restraint in those same circumstances, have reacted in a similar way.

Question 8

things to ignore

Answer 8

’ general capacity to excersise tolerance’
short-temper, voluntary intoxication and perhaps even depression as in Asmelash and Mohammed.If D has mental illness that has relevance to ability to excersise self control this may be taken into account (Rejmanski)