Voluntary manslaughter (murder)

Voluntary manslaughter (murder)

1. Definition

   • This is a partial defence to murder, where the killing has happened because the defendant was suffering from loss of control or diminished responsibility.
     • Loss of control - set out in s.54 of The Coroners and Justice act 2009.
     • Diminished responsibility - set out in s.2 of The Homicide Act 2009.

2. Loss of control

   • 1. The defendant must have lost self control.
     • The defendant's loss of control does not have to be sudden.
     • R V Jewell
     • The fact that the defendant cannot think straight doesn't amount to a loss of self control.
   • 2. There must be a qualifying trigger.
     • The defendant's fear of violence from the victim to themselves or another person.
     • Or a thing or things said or done which...
       • a. Constituted circumstances of an extremely grave character, and
       • b. Caused the defendant to have a justifiable sense of being seriously wronged.
       • A qualifying trigger can be a mix of both of these things.
     • Fear of violence
       • R v Ward
       • R v Clinton
     • Things said or done
       • Anger trigger. Objective test
       • R V Zebedee
   • 3. A person of the same sex and age would have reacted in the same was as the defendant in the same circumstances.