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Summary Loss of Control
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Summary of Loss of Control with relevant case studies
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Summary sheet - Volunteer Manslaughter (loss of control)Volunteer Manslaughter, is used when both actus reus and mens rea are satisfied. The
mens rea has been affected by mitigating circumstances that create a partial defence.
A reason why one might prefer to have the charge of voluntary manslaughter rather
than murder, is because of a potential reduced sentence.
Section 3 of the Homicide Act 1957 which can be referred to as the old law, the law
that is use currently in the English legal system is the Coroners and Justice Act 2009.
The loss of control replaces the act of defence of provocation. Which includes a three
part criteria which all needs to be successful in order for Voluntary manslaughter to
be in place.
The first criteria is the Defendant lost control, meaning that the defendant loss all
senses of control however the courts do not identify if the loss of control was
imdently, however to convince a jury that there was significant loss of control when
there is a period of time before the act was made (murder) if harder, as the defendant
had time to process everything before hand.
However in the old law, an individual can not plead for loss of control if the act
wasn’t immediately, as they believe they had time think, but this is changed in the
new law, as they realised that not everyone had time to “calm down” but instead it all
boiled over.
In the case of Ibarams and Gregory (1981). The defendant lurked his victim (ex-
girlfriend) into the beds, and they beated him leading to his death. The courts held that
there was no loss of control since is was planned over several day (4 days) which
instead makes the case, pre-meditated murder. However in the case of Baillie (1995)
the courts held that there was loss of control even with a delay in reaction, since the
defendants son was threatened by a drug deal and the deafendand was still in a
mindset of range. The courts states weather or not there was a delay through the road
accident, the defendant was still in the same mindset through that time.
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