Voluntary manslaughter: loss of control

Overview

Effect of a successful plea of loss of control, three components of loss of control and two qualifying triggers.

What you need to know

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Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Which statute created the partial defence of loss of control?

   Model answer

   Sections 54 and 55 of the Coroners and Justice Act 2009 created the defence of loss of control. The defence replaced the old common law and statutory defence of provocation.

2. 2

   What is the effect of a successful plea of loss of control?

   Model answer

   A successful plea reduces murder to voluntary manslaughter. The judge then has full discretion over sentence.

3. 3

   State the three components of loss of control.

   Model answer

   The defendant must have lost self-control and the loss must have a qualifying trigger. The third component compares the defendant with a person of the same sex and age showing normal tolerance and self-restraint.

4. 4

   Must the loss of self-control be sudden?

   Model answer

   Section 54(2) of the Coroners and Justice Act 2009 provides that the loss of self-control need not be sudden. Delay between the trigger and the killing does not automatically defeat the defence.

5. 5

   Name the two qualifying triggers.

   Model answer

   The first qualifying trigger is a fear of serious violence from the victim against the defendant or another identified person. The second is things said or done of an extremely grave character giving the defendant a justifiable sense of being seriously wronged.

6. 6

   Can the two qualifying triggers be combined?

   Model answer

   Section 55 allows a combination of the fear trigger and the anger trigger. A jury may consider both together in deciding whether the defence is available.

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