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voluntary manslaughter (things done or said (word or conduct that could be…
voluntary manslaughter
fear of serious
the first qualifying trigger attempts to address the problems
faced by women who kill their partners and are suffering abuse by them.
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women are less weaker than men so therefore less likely to act straight away when attacked by violent partner.
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it is still necessary to lose self control through fear, but may prove difficult as people do not normally lose control when afraid.
loss of control
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abolished the much criticized defense of provocation and replaced it with the defense of loss of control.
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despite this being a very recent reform, the defense has already attracted much criticism.
things done or said
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case - doughty 1996 where a crying baby was held to amount to provocation, it was accepted that reform was needed to prevent the defense being available in case such as this one. there had been a much criticism of the exclusion of sexual infidelity as a qualifying trigger.
the second qualifying trigger defined in s55 is if the defendant loss of control was attributed to things done or said or both which caused the defendant to have a justifiable sense of being seriously wronged.
if things done or said constitute sexual infidelity, this has to be disregarded.
parliaments reason for passing this provision was to prevent a situation were men were provided with an excuse for killing an unlawful partner and therefore treated more leniently
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