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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller leej93815. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
