Voluntary Manslaughter: Loss of Control

What did the defence of Loss of Control replace?

Provocation which was when someone had a sudden loss of temper and as a result killed someone, the murder conviction would reduce to manslaughter

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What act provided for Provocation?

The Homicide Act 1957

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What are the three phases in development in the law of provocation/loss of control?

1) The position at common law 2) The position under the Homicide Act 3) The defence of loss of control under the Coroners and Justice Act 2009

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Provocation at common law?

The test for this was objective, meaning that the D was judged as a normal person. The D had to show that their actions came from a form of violence/seeing sexual violence against a loved one/adultery not enough alone/words cannot amount

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What does section 3 of the Homicide Act 1957 state?

States that when a jury can find that the person was provoked, it is up to them to decide if a reasonable man would have done the same, and that the jury has to take into account everything both done and said

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What is different in this section compared to before?

It is wider than the test at common law because the common law provided actions and words were enough for provocation. Also, the question of provocation had to be left to the jury and it contained subjective elements also

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Problems with the law in the Homicide Act 1957? (Old law)

Wording of the statute meant any issue of provocation had to be left to the jury, unclear where the line between provocation and DR was, and provocation provided for men and not women, helped anger but not victims of fear

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Law reform proposals for Loss of Control?

Came into force in 2010, D's acts + omissions resulted from loss of control from a qualifying trigger + person of the D's sex age normal tolerance would have acted the same/similarly, doesnt have to be suden, burden of proof is beyond reasonable doub

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What is the meaning of a qualifying trigger under s55?

Loss of control was triggered by circumstances of extreme grave character, caused D to have a justifiable sense of being seriously wronged

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What did provocation get replaced with?

s54 and s55 of Loss of Control

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Effects of the new law?

They exclude weak defences going to the jury, sexual infidelity on it's own will not be the basis of a defence, cannot be pleaded when the D makes the V provoke him so he can attack

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What statute is the new law under?

S4 of the Coroners and Justice Act 2009 which came into force in October 2010

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Limitations on loss of control?

Sexual infidelity will not be taken into account on it's own, and the D cannot plea the defence if they incited the behaviour so they could make an attack

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Voluntary Manslaughter: Loss of Control

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