Law - Voluntary Manslaughter

Notes regarding loss of control/diminished responsibility manslaughter

A2 LAW 03


Loss of control

S54 Coroners & Justice Act 2009

Definition: Where D suffers a loss of control, caused by qualifying triggers and someone of D's age & gender, with a normal degree of tolerance, would have reacted the same way. (Objective test)

1. Loss of control 

Ahluwahlia - loss of control does not have to be sudden. 

2. Qualifying triggers NB: NO defence if prov. used as excuse for violence

a) fear of serious violence (Ahluwahlia, Hobson)

b) things said/done which amounted to grave provocation (Dougherty)

c) combination of both 

3. Relevant characteristics

Camplin - age & gender are relevant (confirmed by Holley)

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