Voluntary manslaughter - loss of control model ao1 - Flashcards in A Level and IB Law

Created by: __Jess
Created on: 19-02-23 17:28

LOC is defined in...

Sections 54 and 55 of the CJA 2009

1 of 14

States that the defendant should not be convicted of murder if...

Their acts resulted from a loss of self-control, the loss of control had a qualifying trigger, and a person of D's sex and age with a normal degree of tolerance and self-restraint, and in the same circumstances as D, would have reacted in the same way

2 of 14

Loss of self control

Must have been at play when the act was committed

3 of 14

Loss of self control does not have to be sudden (case)

R v Ahluwalia

4 of 14

There must be a total loss of control, not just anger or an overreaction (case)

R v Jewell

5 of 14

A qualifying trigger can be...

The defendant's fear of serious violence, or 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

6 of 14

Fear of serious violence

The defendant's fear must be genuine, not necessarily reasonable (subjective test)

7 of 14

The fear of serious violence can be on the behalf of another person (case)

R v Ward

8 of 14

If the D incited the violence, they cannot use the defence of fear of serious violence (case)

R v Dawes

9 of 14

Things said or done

Must be serious enough

10 of 14

Sexual infidelity is not a serious enough thing said or done (case)

R v Clinton

11 of 14

A breakup is not a serious enough thing said or done (case)

R v Hatter

12 of 14

Circumstances

May include things like depression or history of abuse

13 of 14

Voluntary intoxication is not a reasonable circumstance (case)

R v Asmelash

14 of 14

Other cards in this set

Card 2

Front

Back

States that the defendant should not be convicted of murder if...

Card 3

Front

Must have been at play when the act was committed

Back

Card 4

Front

R v Ahluwalia

Back

Card 5

Front

R v Jewell

Back

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Voluntary manslaughter - loss of control model ao1