Voluntary manslaughter - loss of control

  • Created by: __Jess
  • Created on: 03-02-23 19:10
View mindmap
  • Loss of control
    • The defendant's act resulted from their loss of self control.
      • D must lose control when doing the act that caused the death. This is up to the jury to decide.
      • Loss of control does not have to be sudden anymore.
        • Ahluwalia.
      • There must be a total loss of control. Anger or an overreaction is not sufficient.
        • R v Jewell.
    • The loss of self control had a qualifying trigger.
      • Qualifying triggers:
        • D's fear of serious violence from V against D or another person.
          • Subjective test - fear doesn't need to be reasonable, just genuine.
          • The fear of violence can be against another.
            • R v Ward
          • Does not apply if D incited the violence.
            • R v Dawes
        • A thing said or done which constitutes circumstances of an extremely grave character, and caused D to have a justifiable sense of being seriously wronged.
          • Objective test.
          • If the circumstances are not serious enough and anger is not justified, this will not work.
            • R v Hatter
            • R v Zebedee
            • R v Bowyer
      • NOT qualifying triggers:
        • Sexual infidelity
          • R v Clinton
        • Relationship breakup
          • R v Hatter
        • Revenge
    • A person of the defendant's sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of D, might have acted in a similar way.
      • Circumstances = depression, epilepsy, history of sexual abuse etc.
      • Voluntary intoxication does not count.
        • R v Asmelash


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »