CL – Week 6 – Homicide 2 - Voluntary manslaughter lectures
Involuntary manslaughter introduction
Manslaughter = unlawful homicide which are not murder – very wide spectrum – divided into 2
categories – either voluntary manslaughter or involuntary manslaughter – distinction is based on the
defendant's intention at the time
If intention to kill or cause GBH = voluntary manslaughter
If no intention to kill or cause GBH = involuntary manslaughter
Provocation – the ‘old law’
‘a sudden and temporary loss of self-control’ ‘person charged was provoked’ ‘everything done and said’
- Provocative words or conduct
- A sudden and temporary loss of self-control
- a reasonable reaction
This ‘old law’ defense was controversial and had many problems
- Very open law – trivial provocations were going to the judge
- Defense based on male anger – used by men who discovered their wives had been cheating or
nagging etc. - in these cases the sentences were very low
- Domestic abuse cases – the sudden element compared to the slow burn reaction – case of R v
Ahluwalia - deserving cases were not able to avail of defense
Law commission report 304: recommendations for reform of the law
Overview of the ‘new law’ - Loss of self-control
Coroners and Justice Act 2009 -
- Section 56 abolished provocation
Section 54 and 55 C&JA 2009
- Partial defiance to murder: loss of control
- ‘Where a person ‘D’ kills or is a party to the killing of another ‘V’, D is not to be convicted of
murder if’
o Ds acts and omission resulted from Ds loss of self-control
o This had a qualifying trigger
o A person of the same age and sec with a normal degree of tolerance and self-restraint
might have acted the same way
- S54. Sub 3 -
- S54. Sub 4 – does not apply if the D acted in a considered desire for revenge
No considered revenge
Judge decides there is sufficient evidence to raise the defense
Involuntary manslaughter introduction
Manslaughter = unlawful homicide which are not murder – very wide spectrum – divided into 2
categories – either voluntary manslaughter or involuntary manslaughter – distinction is based on the
defendant's intention at the time
If intention to kill or cause GBH = voluntary manslaughter
If no intention to kill or cause GBH = involuntary manslaughter
Provocation – the ‘old law’
‘a sudden and temporary loss of self-control’ ‘person charged was provoked’ ‘everything done and said’
- Provocative words or conduct
- A sudden and temporary loss of self-control
- a reasonable reaction
This ‘old law’ defense was controversial and had many problems
- Very open law – trivial provocations were going to the judge
- Defense based on male anger – used by men who discovered their wives had been cheating or
nagging etc. - in these cases the sentences were very low
- Domestic abuse cases – the sudden element compared to the slow burn reaction – case of R v
Ahluwalia - deserving cases were not able to avail of defense
Law commission report 304: recommendations for reform of the law
Overview of the ‘new law’ - Loss of self-control
Coroners and Justice Act 2009 -
- Section 56 abolished provocation
Section 54 and 55 C&JA 2009
- Partial defiance to murder: loss of control
- ‘Where a person ‘D’ kills or is a party to the killing of another ‘V’, D is not to be convicted of
murder if’
o Ds acts and omission resulted from Ds loss of self-control
o This had a qualifying trigger
o A person of the same age and sec with a normal degree of tolerance and self-restraint
might have acted the same way
- S54. Sub 3 -
- S54. Sub 4 – does not apply if the D acted in a considered desire for revenge
No considered revenge
Judge decides there is sufficient evidence to raise the defense
