Homicide Part 2: Voluntary Manslaughter (2)

What is a necessary condition for a defendant to be acquitted of murder under the partial defence of loss of control?

The defendant's acts resulted from a qualifying trigger.

What is NOT a requirement for the loss of control defence under Section 54 of the Coroners and Justice Act 2009?

The defendant's loss of self-control was sudden.

Under what circumstances may a defendant be convicted of voluntary manslaughter rather than murder?

If the defendant's loss of self-control was triggered by a qualifying trigger.

Which of the following is a type of partial defence to murder?

All of the above. Signup and view all the answers

What is the purpose of the qualifying trigger in the loss of control defence?

To establish the connection between the trigger and the defendant's loss of self-control. Signup and view all the answers

Which of the following is a characteristic of the loss of control defence?

It requires a qualifying trigger. Signup and view all the answers

What is the primary purpose of the 'someone else' test in the defense of loss of control?

To evaluate if a person with normal tolerance and self-restraint would have reacted similarly Signup and view all the answers

What is the relevance of PTSD in the context of loss of control?

It is a characteristic that can be considered in the 'someone else' test Signup and view all the answers

What is the ultimate goal of the partial defence of loss of control?

To reduce the charge from murder to manslaughter Signup and view all the answers

What is the key difference between loss of control and provocation?

Loss of control is a newer defence, replacing the law on provocation Signup and view all the answers

What is the significance of 'all circumstances' in the context of s 54(3)?

It excludes all the circumstances that bear on the defendant's general capacity for tolerance and self-restraint Signup and view all the answers

What is the next topic to be covered in the lecture series?

Homicide Part 3: Involuntary Manslaughter Signup and view all the answers

What is the essential characteristic of the loss of self-control in the context of homicide law?

A loss of the ability to act in accordance with considered judgement Signup and view all the answers

Which of the following cases illustrates the problems of 'delay' in the context of the loss of control defence?

R v Ahluwalia 4 All ER 889 Signup and view all the answers

What is the significance of the R v Jewell EWCA Crim 414 case in the context of the loss of control defence?

It denied the defence of loss of self-control due to planning Signup and view all the answers

What is the relationship between the old defence of 'provocation' and the new partial defence of 'loss of control'?

The old defence of 'provocation' has been replaced by the new partial defence of 'loss of control' due to perceived injustices Signup and view all the answers

What is the significance of the 'qualifying trigger' in the context of the loss of control defence?

It refers to the extreme emotional response that triggers the loss of self-control Signup and view all the answers

What is the main difference between the old defence of 'provocation' and the new partial defence of 'loss of control'?

The old defence of 'provocation' required a sudden and temporary loss of control, while the new partial defence of 'loss of control' does not Signup and view all the answers

What is a crucial factor in determining whether a defence of loss of self-control can be used?

D's belief about the circumstances, regardless of their reasonableness Signup and view all the answers

What is required for the 'things done or said' to qualify as a trigger for the loss of self-control defence?

They must constitute 'extremely grave' circumstances and cause D to have a 'justifiable sense of being seriously wronged' Signup and view all the answers

Why is 'sexual infidelity' specifically excluded from consideration as a qualifying trigger for the loss of self-control defence?

To prevent the use of honour killings as a defence Signup and view all the answers

What is the ruling in R v Dawes & Others EWCA Crim 322 regarding consciously inciting violence?

It cannot be used as a defence, even if D felt seriously wronged Signup and view all the answers

What is the purpose of the 'justifiable sense of being seriously wronged' requirement in the loss of self-control defence?

To remove the defence from trivial or unjustifiable use Signup and view all the answers

What is the significance of the Clinton EWCA Crim 2 case in relation to the exclusion of 'sexual infidelity' as a qualifying trigger?

It highlighted the complexity of the exclusion of 'sexual infidelity' as a defence Signup and view all the answers

What is the primary purpose of the 'loss of control' defence in homicide law?

To reduce the severity of a murder charge to manslaughter Signup and view all the answers

What are the two types of qualifying triggers that may lead to a loss of control?

Fear of serious violence and a justifiable sense of being seriously wronged Signup and view all the answers

What is the subjective test used to determine whether a defendant has lost self-control?

Whether the defendant's fear of serious violence was reasonable Signup and view all the answers

What is the objective test used to determine whether a qualifying trigger is sufficient to lead to a loss of control?

Whether the circumstances were of an extremely grave character Signup and view all the answers

What is the significance of the defendant's 'normal tolerance and self-restraint' in the loss of control defence?

It determines whether someone of the same age and sex would have killed in the same circumstances Signup and view all the answers

What is the relationship between the 'loss of control' defence and the charge of murder?

The loss of control defence reduces the charge of murder to manslaughter Signup and view all the answers

What is a requirement for the loss of self-control to have a qualifying trigger under section 55?

The loss of self-control must be attributable to D's fear of serious violence from V. Signup and view all the answers

What is the significance of the 'extremely grave character' in the context of section 55?

It refers to the circumstances that led to the loss of self-control. Signup and view all the answers

What is the primary consideration in assessing the fear of serious violence under section 55?

The defendant's subjective perception of the threat. Signup and view all the answers

What is the effect of a qualifying trigger on the defendant's criminal responsibility?

It reduces the defendant's criminal responsibility to manslaughter. Signup and view all the answers

What is the relationship between sections 54 and 55 in the context of homicide law?

Section 55 provides the definition for section 54. Signup and view all the answers

What is the significance of the 'identified person' in the context of section 55?

It refers to a person who is also a victim of the defendant's fear. Signup and view all the answers

What is the primary difference between the loss of control defence and the provocation defence?

The loss of control defence requires a qualifying trigger, while the provocation defence does not. Signup and view all the answers

What is the purpose of the qualifying trigger in the context of the loss of control defence?

To provide a basis for reducing the defendant's criminal responsibility. Signup and view all the answers

What is the impact of the new approach to the loss of control defence on the defendant's criminal responsibility?