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Loss of Self-control (Partial defence for Murder), : - Coggle Diagram
Loss of Self-control (Partial defence for Murder)
Definition: AR + MR + Partial defence = Voluntary manslaughter.
LOSC (Loss of self-control)
Exclusions
A desire for revenge (CJA 2009, s54 (4))
Provocation (the Act cannot be provoked by D)
History
Homicide Act 1957 s3
1) Things said or done had provoked D
2) D had suffered from a sudden and temporary of loss of self-control
3) The reasonable man would (not) have responded in the same way
The common law defence was replaced by the ‘Homicide act 1957, s3’ (defence of
provocation
).
The common law defence of 'Provocation'
Problems with this
Gender bias — Favoured men who ‘killed partners in ‘a rage’ (e.g. post-sexual infidelity) than women who killed abusive partners out of fear
Women in these cases had to rely on 'DR', which was difficult to prove
—It requires the action to be ‘sudden and temporary’ — Duff (1949) 1 ALL ER 932; Ahluwalia (1992) 4 ALL ER 889
Coroners and Justice Act (2009) - Introducing the LOSC defence, s.54
Three elements
1) A loss of self-control causes the killing (subjective test) - 54(1) (a)
2) Resulting from one or both of the qualifying triggers (fear and/or anger) - 54(1) (b)
3) A person of the accused’s sex and age with a normal degree of tolerance and self-restraint and in the circumstances of the accused might have reacted in the same or similar way (objective test) -- 54(1) (c)
s44 and 45 replaced the "provocation" defence
The maximum sentence for Manslaughter is a discretionary life sentence
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