Voluntary manslaughter - Loss Of Control

• Loss of control

  Found in section 54 of the Coroners and Justice Act 2009. 

  Defendant must kill as a result of loss of control through their acts or omissions. The loss of control must be caused by a recognised qualifying trigger and a person of the defendant's sex and age would have reacted in the same way in that situation.
• S 54 1 a- loss of control


  Loss of control is when the defendant ‘snaps’ or ‘loses it’ (R v Jewell).

  The defendant’s actions do not have to be sudden, therefore cases like (R v Ahluwalia) would now have succeeded.
• S 54.1.b- qualifying trigger


  Qualifying trigger can be fear of violence (R v Lodge) - subjective test, or things said or done which are of grave character that must have made the defendant feel ‘seriously wronged’.

  (R v Zebedee) - dad soiling himself is not classed as ‘extremely grave’, and that the defendant should not have felt seriously wronged.

  (R v Hatter) - shows that a breakup is not classed as ‘extremely grave’, and that the defendant should not have felt seriously wronged.

  (R v Clinton) - sexual infidelity (affairs) are disregarded as a trigger unless other triggers are present.
• S54.1.c

  (DPP v Camplin) - standard of self – control is that a person of the defendant’s sex and age would have reacted in the same way.

  Other characteristics can be considered when determining degree of self-restraint such as, epilepsy, depression and history of sexual abuse.

  (R v Hill) - history of abuse was considered

  (R v Van Dongen) - degree of violence was considered
• If the defendant succeeds with this defence, their punishment will be lowered from murder to voluntary manslaughter