Voluntary manslaughter pt 2.

Question 1

Loss of control

Answer 1

partial defence
replaces former defence of provocation
- s.54 Coroners and Justice Act 2009

Question 2

Loss of self control

Answer 2

the old defence of provocation had to prove that the loss of control was sudden
Ahluwalia (1992)

Question 3

Qualifying triggers

Answer 3

D must have a fear of serious violence from V or another identified person
something must be said to make you flip but is must be something extremely grave or something that D deems being seriously wronged

Question 4

Old law of provocation

Answer 4

it didn’t include the defence of fear of violence
(Martin Anthony 2002)

Question 5

New law of provocation (2009)

Answer 5

clear though the fear of violence has to be specific, either by V or another identified person, general fear of violence isn’t enough

Question 6

Dawes (2003)

Answer 6

failed because his loss of control wasn’t triggered from a violence of fear when he himself had triggered the violence in the first place

Question 7

Triggers

Answer 7

Doughty (1986) - case before 2009 act, convicted of murder initially but it was quashed as the jury decided that the baby’s crying was provocation by ‘things done’

Zebedee (2012) - killed his father who was incontinent and as alzheimer’s but the jury said he didn’t have a justifiable point of being wronged

Question 8

Old law allowed wide variety of potential triggers

Answer 8

New law is stricter and things said or done must cause the person to feel seriously wronged

Question 9

Sexual infidelity and the desire for revenge

Answer 9

• used to be allowed as a reason for provocation
  Excluded from the 2009 Act as the gov felt that it could be used as a justification for male violence against women which was not appropriate

Question 10

Clinton (2012)

Answer 10

sexual infidelity can be taken into account if there are other factors included

Question 11

Ibrams and Gregory (1981)

Answer 11

desire for revenge is not considered, as was under the old provocation law

Question 12

Baillie (1995)

Question 13

Standard of self control

Answer 13

2009 Act states that apart from Ds sex and age, they must have demonstrated the normal degree of tolerance and self restraint and in the circumstances of D, the reasonable man might have reacted in the same/similar way
can’t take personal characteristics into account

Question 14

Camplin (1978)

Answer 14

D a 15 year old boy killed an older man that had sexually abused him and laughed. He was convicted of murder as it was before the 2009 act and it was changed to manslaughter after