Summary Loss of Control Voluntary Manslaughter Murder Criminal Law

LOSS OF CONTROL VOL MAN



S54(1)(a) - Loss of self-control


s54(1)(b) - as a result of a QT


S54(1)(c) - a person of D's...



INTRO:



 D potentially has the defence of loss of control
 This is found under s54 Coroners and Justice Act (2009)
 This is a partial defence to murder, so will reduce a murder conviction to manslaughter, thus
leading to discretionary sentencing
 The burden rests on the defendant to raise the defence and provide evidence for all 3 elements
of the defence (Gurpinar)
 This replaced the old common law defence of provocation (S3 Homicide Act)



1. S54(1)(a) – LOSS OF SELF CONTROL:

 D lost control at the time of the killing
 Jewell – “loss of normal powers of reasoning”
 Whether there was a loss of control is a subjective test for the jury to assess

 Irritation and anger do not suffice (Davies)
 This loss of control no longer has to be sudden (Ahluwalia)



2. S54(1)(b) – AS A RESULT OF A QT:

 The LC must be as a result of a QT
 Doughty – baby crying would not be a QT under the new law
 Davies – seeing husband’s lover walk towards his workplace would not be a QT under the new
law

 The LC was attriubutable to either fear of serious violence (s55(3)) or things said, done or both
(s55(4))