voluntary manslaughter- loss of control

Question 1

what sections is loss of control defined under

Answer 1

s.54 and s.55 of the corners and justice act

Question 2

what sub sections are included in section 54

Answer 2

Loss of control
Qualifying trigger
Need not be sudden

Question 3

what sub sections are included in section 55

Answer 3

One of two qualifying triggers
Age sex and same degree of tollerence
Fear of violence from a grave character
Sense of being wronged

Question 4

what was the LOC defence replaced by in 2010

Answer 4

the defence on provocation was replaced by the common law

Question 5

Outline the 3 fundamental aspects of the LOC defence

Answer 5

a) a loss of control
b) must have a qualifying trigger
c) response to the trigger must be compared to that of a the same sex and age with a normal degree of tolerance and self restraint of D

Question 6

outline the procedure for the allowance of the LOC defence on the defence

Answer 6

LOC is placed on the prosecution who must prove the defense beyond all reasonable doubt, only if sufficient evidence is provided.

Question 7

Which 3 cases were rejected from the LOC defense due to insufficient evidence

Answer 7

Jewell
workman
barnsdale- queen

Question 8

outline the facts and law development of jewell

Answer 8

D driven to V;s house to pick him up from work and shot him in rage twice with a shotgun.
Held: The judge refused the defence because it was out of point blank rage

Question 9

Outline the facts and law development of workman

Answer 9

D murdred his wife

held: the judge directed the jury on loss of control but the jury held there was no sufficient evidence.

Question 10

Outline the facts and law development of R v barsndale queen

Answer 10

D killed his wife and claimed she strangled herself in suicide and on appeal said that they did not believe his version of events
held: no sufficient evidence for loss of control

Question 11

Outline the facts, development and area of dawes

Answer 11

D found his wife with another man, dawes began a fight with V and at his retaliation killed him.
D doesn’t get defence because it’s reliant on sexual infidelity and he hit V first so it is not a cumulative effect

Question 12

Outline the facts, development and area of ward

Answer 12

D’s brother was attacked at a house party so he killed the boy who attacked him.
D feared violence on behalf of his brother and was sucsessfull with the defence

Question 13

outline the facts, development and area of lodge

Answer 13

D attacked and killed a small scale drug dealer who earlier attacked him with a baseball bat.
D feared serious violence from V and was sucsessful with the defence.

Question 14

What do ward and lodge have in common?

Answer 14

Lodge feared serious violence and so did ward, even though ward was on behalf of another person.

Question 15

which cases outline insufficient evidence

Answer 15

Jewell, workman and barnsdale queen

Question 16

which cases outline fear of serious violence

Answer 16

lodge and ward

Question 17

which cases outline things said or done

Answer 17

clinton and dawes

Question 18

outline clinton and the development of law

Answer 18

clinton and his wife were split, she sent sexual images to other men, he then killed her due to a series of other contributing factors.
Held: first trial was rejected as it failed to prove because of sexual infidelity being an exclusion from the LOC defence
On appeal: Held that sexul infidelity is allowed even though on its own it is not a defence but it is unrealistic to exclude it because its intregal to the facts of the case.
SI is allowed if it is a contributing factor.

Question 19

outline self inflicted triggers

Answer 19

act of preclude reliance on loss of control where D’s fear of serious violence or sense of being wronged by a thing or things said or done was INCITED BY D FOR THE PURPOSE OF PROVIDING AN EXCUSE TO USE VIOLENCE.

Question 20

Which cases supports the normal person test

Answer 20

Asmelash, camplin

Question 21

Describe the facts and law development of Asmelash

Answer 21

D and V were flatmates and often drank together, D was intoxicated when murdered the victim in an argument.
Judge said that the defense was to be disregarded and not relevant in the ‘circumstances’ even though the intoxication caused him to act in a way in which he wouldn’t of sober.

Question 22

describe the facts of camplin

Answer 22

D a 15 year old killed V by hitting him over the head with a pan. He pleaded the old law on provocation by saying the victim raped him previously and then laughed at him.
held: The jury are allowed to consider the age of the defendant

Question 23

List some problems with the law that still exist

Answer 23

Fear of serious violence- is subjective

Sexual infidelity- lack of clarity opened up by clinton