All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for the partial defence to murder of the loss of control (voluntary manslaughter). The exam technique I follow is IDEA (Identify the relevant is...
Voluntary Manslaughter: Loss of Control (IDEA Structure)
Murder IDEA structure already written.
I However, the defendant may be able to use the partial defence of loss
of control.
D s54(1) of the Coroners and Justice Act 2009 sets out three elements.
E s54(1)(a) states that the defendant must lose control. s54(2) states that
the loss of control doesn’t have to be sudden. However, R v Ibrams and
Gregory 1982 states the longer the delay, the less likely there is a loss of
control.
A In this case…(Apply to case).
E s54(1)(b) states there must be a qualifying trigger.
E s55(3) states that a qualifying trigger can be a fear trigger.
s55(4) states that a qualifying trigger can be things said or done.
E [s56(6)(c) states that incitement cannot be used as a qualifying trigger.]
[Additional
Legal Issue] [s54(4) revenge cannot be used as a qualifying trigger as stated by R v
Baillie.]
[s55(6)(c) sexual infidelity cannot be used as a qualifying trigger if it is
the only one as stated by R v Clinton.]
A [In this case…(Apply to case).]
[Additional
Legal Issue]
E s54(1)(c) states a person of D’s sex and age, with a normal degree of
tolerance and self-restraint and in the circumstances of D, might have
reacted in the same or in a similar way to D. DPP v Camplin states would
a reasonable man of D’s sex and age in the circumstances of D, react
the same way that the defendant did. R v Mohammed states that
mental health issues, religion and anger issues should be ignored.
A In this case…(Apply to case).
C Overall as all the elements of loss of control have/haven’t been met the
murder charge would/wouldn’t be reduced to voluntary manslaughter.
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