Voluntary Manslaughter- Loss of Control

The partial defences of Loss of Control and Diminished Responsibility can be found in the Coroners and Justice Act, 2010. They were previously found in the Homicide Act, 1957. 

LOSS OF CONTROL

There are three elements that must be proved to be able to gain the defence of Loss of Control. These are found in the s54 of the Coroners Justice Act.

1) That there was a loss of control

2) At one of the qualifying triggers was present (Fear, anger or both)

3) The objective test

ELEMENT 1: LOSS OF CONTROL

The defendant must have lost control at the time of the killing, however this does not need to be a sudden loss of control (R v Dawes). It was also within the act that the longer the lapse of time between the conduct and the killing, the more likely it is that D has regained control and therefore making them less likely to gain the defence. There must also be no planning of the killing either, such as in R v Jewell…