Summary
Summary Loss of Control Voluntary Manslaughter Murder Criminal Law
- Module
- Criminal Law
- Institution
- University Of Law (ULaw)
Loss of Control Voluntary Manslaughter Murder Criminal Law
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LOSS OF CONTROL VOL MANS54(1)(a) - Loss of self-control
s54(1)(b) - as a result of a QT
S54(1)(c) - a person of D's...
INTRO:
D potentially has the defence of loss of control
This is found under s54 Coroners and Justice Act (2009)
This is a partial defence to murder, so will reduce a murder conviction to manslaughter, thus
leading to discretionary sentencing
The burden rests on the defendant to raise the defence and provide evidence for all 3 elements
of the defence (Gurpinar)
This replaced the old common law defence of provocation (S3 Homicide Act)
1. S54(1)(a) – LOSS OF SELF CONTROL:
D lost control at the time of the killing
Jewell – “loss of normal powers of reasoning”
Whether there was a loss of control is a subjective test for the jury to assess
Irritation and anger do not suffice (Davies)
This loss of control no longer has to be sudden (Ahluwalia)
2. S54(1)(b) – AS A RESULT OF A QT:
The LC must be as a result of a QT
Doughty – baby crying would not be a QT under the new law
Davies – seeing husband’s lover walk towards his workplace would not be a QT under the new
law
The LC was attriubutable to either fear of serious violence (s55(3)) or things said, done or both
(s55(4))
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