loss of control
- Created by: Emma-Cargillxx
- Created on: 02-06-17 15:06
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- Loss of Control
- Voluntary manslaughter is where the defendant has committed murder but raises a special defence which justifies a lower sentence
- Defendant will be liable for murder if their acts or omissions from the killing resulted from a loss of control, the loss of control has a qualifying trigger, and a person of the same sex and age with a normal degree of tolerance & self restraint would of reacted in the same way as the defendant in this circumstance
- Loss of control replaces the former defence of provocation found under the Homicide Act 1957, the law is now set in S54 of the Coroners & Justice Act 2009
- 1. Loss of Control
- Under the old law on provocation the loss of control had to be sudden (Ahluwalia) but there is no such requirement under the new legislation
- Qualifying Trigger
- There must be a qualifying trigger set out in S55 of the Coroners & Justice Act 2009
- There are two types of qualifying triggers
- Fear of Violence
- Fear of violence was not a sufficient reason for loss of control under the former defence of provocation (Martin)
- Defendant does not have to fear serious violence from the victim, it just can't be a general fear, it has to be from an identified person
- Things Said/Things Done
- This section applies if the victim assigned to a things said/done which
- Constituted characteristics of an ex- tremerally grave character
- caused the defendant to have a justifiable sense of being seriously wronged
- Doughty
- Zebedee
- This section applies if the victim assigned to a things said/done which
- Fear of Violence
- Excluded Matters
- Sexual Infidelity can never be a qualifying factor
- Under the old law on provocation, sexual infidelity was allowed but the government said it allowed a defence for jealous men who killed their wives because they were having an affair
- Clinton
- Revenge
- Revenge is not allowed if defendant acted in a considered desire for revenge
- Under the law on provocation there has to be a sudden loss of control, if defendant has time to consider revenge, the defence is unavailable
- Ibrahams & Gregory
- Revenge is not allowed if defendant acted in a considered desire for revenge
- Standard of Self Control
- The third stage of the test is standard of self control. A person of the same sex and age with a normal degree of tolerance in the circumstances would of reacted in the same way
- Case Example to support this is Caplin
- Only sex and age are takin into account, when deciding whether a normal person would have reacted in the same or in a similar way (Gregson)
- The third stage of the test is standard of self control. A person of the same sex and age with a normal degree of tolerance in the circumstances would of reacted in the same way
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