Voluntary Manslaughter - Loss of control

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Voluntary manslaughter - Loss of control

Defence to murder in order to reduce sentence and charge from murder to manslaughter. 
Has to establish that there was a:  

1) Loss of control 
2) Caused by a qualifying trigger 
3) someone of D's age, sex and normal degree of tolerance would have acted in same/similar way to D. 

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1) Loss of control

LOC can be a slow burner - Ahluwhalia. 
Cannot be planned revenge - Ibrams and Gregory 

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2) Qualifying trigger

qualifying trigger: 

A) fear of serious violence
or
B) things said or done which constitutes to a grave character and means D feels justifiably wronged. - R V Hatter 

R V Clinton - sexual infadelity is not sufficient as things said or done. 

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3) Person of D's sex and age ...

Person of D's sex, age and normal degree of tolerance and self restraint would have acted in the same/ similar way to D. 

Jury decision 
R V Clinton - other characteristics can also be considered. 

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3) Person of D's sex and age ...

Person of D's sex, age and normal degree of tolerance and self restraint would have acted in the same/ similar way to D. 

Jury decision 
R V Clinton - other characteristics can also be considered. 

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3) Person of D's sex and age ...

Person of D's sex, age and normal degree of tolerance and self restraint would have acted in the same/ similar way to D. 

Jury decision 
R V Clinton - other characteristics can also be considered. 

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3) Person of D's sex and age ...

Person of D's sex, age and normal degree of tolerance and self restraint would have acted in the same/ similar way to D. 

Jury decision 
R V Clinton - other characteristics can also be considered. 

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3) Person of D's sex and age ...

Person of D's sex, age and normal degree of tolerance and self restraint would have acted in the same/ similar way to D. 

Jury decision 
R V Clinton - other characteristics can also be considered. 

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