Voluntary manslaughter: Defence of loss of control + cases

Its a partial defence that reduces charges of murder to manslaughter

The coroners and Justice act 2009

• D must have lost self control

• There must be a qualifying trigger

• A person of the same sex and age would have reacted in the same way as D in the same circumstances

It does not have to be sudden

Either or both of:

• Fear of serious violence

• a thing or things said and done which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged

That of a person of D’s sex and age, with a normal degree of tolerance and self restraint.

Can be taken into consideration in deciding whether a normal person might have reacted in the same way.

D shot V then fled in his car. In his car was clothes a tent etc as well as weapons. He stated he could not think straight. This was not enough to determine that there was a loss of control. irritation or anger do not come within loss of control.

V had physically attacked D’s brother at a house party. The D and his brother were waiting for a taxi and werent allowed back in the house. D hit the V after he attacked his brother. V had died. He could use loss of control

D had returned home to find his wife and v asleep on the sofa. There was an altercation and V was killed. he could not rely on fear of violence when he induced that violence.

D lost control when his father soiled himself. D killed V. He was convicted of murder. Neither condition was present in this case.

D was insulted and taunted by v, d was drunk and stabbed v

Both D and his wife suffered from depression and required medication. He lost control and killed his wife. His wife taunted him about suicide websites and not wanting their children. He could use loss of control