Voluntary Manslaughter: Loss of Control Flashcards
Ahluwalia (1992)
Was not allowed to use the defence of provocation as reaction had to be “sudden” rather than “immediate” and the longer the delay the more likely that the act was deliberate
Martin (Anthony’s (2002)
Law or provocation did not allow a defence where D lost control through fear of violence
Dawes (2013)
where D incited the violence, D cannot rely on the qualifying trigger of fear of violence
Zebedee (2013)
loss of control tests narrower than provocation
Clinton (2012)
sexual infidelity not a qualifying trigger, but does not have to be completely disregarded
Ibrams and Gregory (1981)
not allowed for revenge
Baillie (1995)
under old law, provocation was available even if there was a desire for revenge
Camplin (1978)
under old law sex and age should be taken into account
Gregson (2006)
example of circumstances of the defendant
Hill (2008)
circumstances or past of defendant
Asmelash (2013)
Refused to allow voluntary intoxication to be considered