A2 - Law - Voluntary manslaughter: Loss of control

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  • Created by: jkav
  • Created on: 15-06-16 15:55
Ibrams and Gregory (1981)
There will be no defence to murder where the defendant is motivated by a desire for revenge.
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Baillie (1995)
Baillie was successful in pleading provocation even though there was a delay before the killing, as he remained out of control during the relevant period of time.
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Ahluwalia (1992)
Defendant waited for her husband to fall asleep before killing him; because of this delay, provocation was not available as a defence.
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Thornton (1996)
Defendant killed her husband after a delay following an abusive incident; 'last straw' could trigger final loss of self-control.
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Clinton (2012)
There is not a total exclusion on sexual infidelity as a trigger if there are other things done or said that contributed to the defendant's loss of control.
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Camplin (1978)
Fifteen-year-old boy killed his tormentor with a chapati pan: 'reasonable person' test not confined to adult male.
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Mohammed (2005)
Defendant's bad temper must e disregarded when considering what a reasonable person would have done in the same situation (objective test).
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Holley (2005)
Alcoholism and depression are not relevant characteristics for the objective test as they affect capacity for tolerance.
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Other cards in this set

Card 2

Front

Baillie was successful in pleading provocation even though there was a delay before the killing, as he remained out of control during the relevant period of time.

Back

Baillie (1995)

Card 3

Front

Defendant waited for her husband to fall asleep before killing him; because of this delay, provocation was not available as a defence.

Back

Preview of the back of card 3

Card 4

Front

Defendant killed her husband after a delay following an abusive incident; 'last straw' could trigger final loss of self-control.

Back

Preview of the back of card 4

Card 5

Front

There is not a total exclusion on sexual infidelity as a trigger if there are other things done or said that contributed to the defendant's loss of control.

Back

Preview of the back of card 5
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