Voluntary Manslaughter - Loss of Control 2 Flashcards
1
Q
Which Act sets out the law on the defence of loss of control?
A
s.54 Coroners and Justice Act 2009
2
Q
What is the effect of a successful defence of L of C to a charge of murder?
A
Means the judge has discretion in their sentence they impose rather than the mandatory life sentence there is for murder.
3
Q
Voluntary Manslaughter - Loss of Control
Does the loss of control have to be sudden?
A
s.54(4) - it may follow from a cumulative impact of earlier events.
4
Q
Voluntary Manslaughter - Loss of Control
What are the two qualifying triggers?
A
Anger and Fear
5
Q
Voluntary Manslaughter - Loss of Control
What does the Act specifically exclude as a qualifying trigger?
A
sexual infidelity, incitement, revenge
6
Q
A
