Voluntary Manslaughter (Loss of Control)

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  • Created by: bananaaar
  • Created on: 21-04-15 15:34
Where is the law for voluntary Manslaughter set out?
Section 54 and 55 Coroners and Justice Act 2009
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First thing set out in section 54?
Where D kills, D is not to be convicted of murder if: a) D's acts or omissions resulted from Ds loss of self control b) the loss of control had a qualifying trigger c) a person of Ds age and sex with a normal degree of tolerance in circumstances.
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Second thing set out in section 54?
Loss of self control need not be sudden [Duffy] [Thornton] [Ahluwalia] [Dawes Hatter and Bowyer]
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What are the qualifying triggers (section 55)
Fear of serious violence from V against D or another identified person [Pearson]. Things said or done which constitute circumstances of an extremely grave character and cause D to have a justifiable sense of being seriously wronged. [Doughty] [Morhal
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Things excluded by new defence?
Sexual infidelity [Clinton], Revenge Killings [Evans], Honour Killings [Dawes, Hatter and Bowyer]
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Standard of self control?
D's age and sex are relevant. Need for a normal degree of tolerance and self restraint. Circumstances whose only relevance to D's conduct os that they bear on the capacity for restraint are excluded.
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What circumstances are taken into account?
Includes unemployment, depression, history of sexual abuse and also sexual infidelity.
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[Duffy] 1949
Established the immediacy principle. Following an assault and threat of violence, Duffy killed her husband while he was asleep with an axe. The delay was presumed to be a revenge killing rather than a slow burn effect.
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[Thornton]
Followed the case of Duffy. Thornton killed her husband with a carving knife which she had gone to the kitchen to sharpen. He threatened to kill her when she slept. The delay of seconds was fatal to the defence.
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What did the CA say in [Thornton]?
Confirmed that domestic violence may be regarded as 'cumulative provocation'.
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[Dawes, Hatter and Bowyer]
The approach to sexual infidelity was confirmed from [Clinton]. A considered desire for revenge will negate defence.
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[Ahluwalia]
Killed her husband after a prolonged series of domestic abuse. He held a hot iron to her face nd threatened to burn her. Later she poured petrol over him and ignited it. He died 6 days later.
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Ruling in [Ahluwalia]
The longer the delay and the stronger the evidence of deliberation on the part of D, the more likely it will be that the prosecution will negative provocation. However the lack of gender neutrality was acknowledged.
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[Pearson]
2 brothers were on trial for the murder of their violet father with a sledgehammer. The older brother who protected the younger brother was convicted of murder. However on appeal successfully pleaded provocation.
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[Doughty]
The appellant killed his 17 day old son. On the night of the killing, the baby was constantly crying and he covered the baby mouth to dampen sound. He lost his control due to excessive tiredness and constant noise and pressed down harder on baby head
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[Morhall]
The D stabbed a man 7 times after being taunted about glue sniffing. The HLDs drew a distinction between one wh is taunted about an addiction who is provoked into losing self control, and one who loses self control due to intoxicated state.
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[Clinton]
After confessing to an affair, D strangled V and took photographs of her dead body to her new partner. It was established that sexual infidelity is excluded as a trigger but may be taken into account as part of circumstances.
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[Camplin]
Age, sex and physical attributes taken into account. A 15 year old boy killed a man by hitting him over the head with a chapati pan after he ***** and taunted him about it. On appeal it was established that age should be taken into account.
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[Lesbini]
The reasonable man was not allowed to be excitable or unusually unstable. Eg in [Lesbini] D killed a girl in an amusement arcade firing range after she taunted him.
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[Bedder]
Young man killed prostitute after she jeered at him.
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[Evans]
Revenge killings are not allowed.
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[Holley] and [Smith]
HLDs held that mental characteristics can be taken into account in assessing the gravity of the provocation and the reaction of the D in relation to a reasonable man.
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[Luc Thiet Thuan]
Brain damage rendering D less able to control his impulses was not relevant unless was the subject of the taunts.
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Card 2

Front

First thing set out in section 54?

Back

Where D kills, D is not to be convicted of murder if: a) D's acts or omissions resulted from Ds loss of self control b) the loss of control had a qualifying trigger c) a person of Ds age and sex with a normal degree of tolerance in circumstances.

Card 3

Front

Second thing set out in section 54?

Back

Preview of the front of card 3

Card 4

Front

What are the qualifying triggers (section 55)

Back

Preview of the front of card 4

Card 5

Front

Things excluded by new defence?

Back

Preview of the front of card 5
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