Voluntary manslaughter - loss of control
- Created by: __Jess
- Created on: 03-02-23 19:10
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- Loss of control
- The defendant's act resulted from their loss of self control.
- D must lose control when doing the act that caused the death. This is up to the jury to decide.
- Loss of control does not have to be sudden anymore.
- Ahluwalia.
- There must be a total loss of control. Anger or an overreaction is not sufficient.
- R v Jewell.
- The loss of self control had a qualifying trigger.
- Qualifying triggers:
- D's fear of serious violence from V against D or another person.
- Subjective test - fear doesn't need to be reasonable, just genuine.
- The fear of violence can be against another.
- R v Ward
- Does not apply if D incited the violence.
- R v Dawes
- A thing said or done which constitutes circumstances of an extremely grave character, and caused D to have a justifiable sense of being seriously wronged.
- Objective test.
- If the circumstances are not serious enough and anger is not justified, this will not work.
- R v Hatter
- R v Zebedee
- R v Bowyer
- D's fear of serious violence from V against D or another person.
- NOT qualifying triggers:
- Sexual infidelity
- R v Clinton
- Relationship breakup
- R v Hatter
- Revenge
- Sexual infidelity
- Qualifying triggers:
- A person of the defendant's sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of D, might have acted in a similar way.
- Circumstances = depression, epilepsy, history of sexual abuse etc.
- Voluntary intoxication does not count.
- R v Asmelash
- The defendant's act resulted from their loss of self control.
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