LOC-Voluntary manslaughter- Loss of control

• Loss of control was set out in?

  s. 54 of the Coroners and Justice Act (CJA) 2009
• Loss of control can be used as a defence for what, and as a result what happens?

  LOC can be used as a defence for murder to reduce the sentencing to manslaughter, known as voluntary manslaughter; the defendant still had the mens rea for murder
•  In order for the defence to apply to the defendant, there must be three necessary elements that have to be satisfied?

  Firstly the defendant must have lost self-control
• The defendant must have lost self-control, according to ?, and the control doesn’t have to be ? 

  s.54(2) CJA 2009, sudden
• What would not suffice as a total LOC?

  A 'partial' LOC would not suffice, including a reaction out of character, like rage [Jewell]
• If this isnt satisfied?


  The other elements will not be considered
• The second element is a ?, set out in ?

  Qualifying trigger, s.55 CJA 2009
•  Things ? or ? also apply as a QT. It’s the ? who decides whether the ? ? would lose control from it, and whether it would cause the defendant a justifiable sense of being wronged (judged ?) [ ]

  said, done, the jury reasonable person, objectively, [Zebedee]
• What will never be a QT [ ] ?

  Sexual infidelity, [Clinton], unless it formed an essential part of the context
• The final element is whether a person of the ? same ? and ? would react in a ? way to the ?, under the ? ? of the ? [ ]

  defendant's, sex, age, similar,defendant, same circumstances,defendant [Rejmanski]  
•  [ ] set out that ? ? cannot be allowed for the defence of LoC (and Diminished Responsibility) to apply, but it could apply if it’s considered that a ? person would act the ? way when confronted with the relevant QT. 

  [Asmelash], voluntary intoxication, sober, same