VOLUNTARY MANSALUGHTER- partial defences to murder.
D has killed with malice aforethought but are pre-defined mitigating circumstances.
Only partial defence which reduces murder to manslaughter.
3 types of voluntary manslaughter:
1. Loss of control- s54 and 55 coroners and justice act 2009
2. Diminished responsibility- s2 homicide act 1957, amended in 2009.
3. Suicide pact- s4 homicide act 1957.
Coroners and justice act 2009
Old defence of provocation is replaced by new defence of LOSS OF CONTROL IN S54 TO 56.
Partial defence. Only applies if d charged with murder. D must have malice aforethought.
If no malice aforethought, defence is absence of mens rea- not guilty of murder or
manslaughter.
S54- outline of requirements and general restrictions.
S55- specific guidance on meaning of s54(1)(b) ‘qualifying trigger’.
S54(1)
a. S54(1)(a) D’s acts or omissions must result from loss of self-control.
o Subjective test with high threshold.
o R v Dawes- unless circumstances are extremely grave, normal irritation or
even serious anger do not often cross the threshold into loss of self-control.
o R v Cocker.
o R v Ibrams and Gregory.
S54(2)- loss of control doesn’t need to be sudden.
S54(4)- not valid if done in ‘considered desire for revenge’.
b. S54(1)(b) Loss of self-control must have a qualifying trigger.
Loss of control must be result of one of QT or combo of 2.
o QT 1: S55(3) fear of serious violence from victim against d or another
identified person.
S55(6) no trigger if d caused v to behave in way he did.
Useful when self-defence goes too far.
o QT 2: thing or things done or said which constituted circumstances of an
EXTREMELY GRAVE CHARACTER and caused d to have JUSTIFIABLE SENSE OF
BEING SERIOUSLY WRONGED. R v Clinton. R v Dawes and others.
Won’t apply if d incites thing said/done s55(6)(b) or when d reacts to sexual infidelity
s66(6)(c) R v Clinton.
c. S54(1)(c) A person of d’s sex and age and normal degree of tolerance and self-
restraint and in same circumstances if d, might have reacted in same way or similar
way to d. Partly objective, partly subjective.
S54(30 not circumstances which only bear on d’s general capacity for tolerance and
self-restraint.
examine d and make list of unique facts. Split into excluded characteristics of allowable
circumstances. Apply reasonable person test using circumstances that are allowed.
D has killed with malice aforethought but are pre-defined mitigating circumstances.
Only partial defence which reduces murder to manslaughter.
3 types of voluntary manslaughter:
1. Loss of control- s54 and 55 coroners and justice act 2009
2. Diminished responsibility- s2 homicide act 1957, amended in 2009.
3. Suicide pact- s4 homicide act 1957.
Coroners and justice act 2009
Old defence of provocation is replaced by new defence of LOSS OF CONTROL IN S54 TO 56.
Partial defence. Only applies if d charged with murder. D must have malice aforethought.
If no malice aforethought, defence is absence of mens rea- not guilty of murder or
manslaughter.
S54- outline of requirements and general restrictions.
S55- specific guidance on meaning of s54(1)(b) ‘qualifying trigger’.
S54(1)
a. S54(1)(a) D’s acts or omissions must result from loss of self-control.
o Subjective test with high threshold.
o R v Dawes- unless circumstances are extremely grave, normal irritation or
even serious anger do not often cross the threshold into loss of self-control.
o R v Cocker.
o R v Ibrams and Gregory.
S54(2)- loss of control doesn’t need to be sudden.
S54(4)- not valid if done in ‘considered desire for revenge’.
b. S54(1)(b) Loss of self-control must have a qualifying trigger.
Loss of control must be result of one of QT or combo of 2.
o QT 1: S55(3) fear of serious violence from victim against d or another
identified person.
S55(6) no trigger if d caused v to behave in way he did.
Useful when self-defence goes too far.
o QT 2: thing or things done or said which constituted circumstances of an
EXTREMELY GRAVE CHARACTER and caused d to have JUSTIFIABLE SENSE OF
BEING SERIOUSLY WRONGED. R v Clinton. R v Dawes and others.
Won’t apply if d incites thing said/done s55(6)(b) or when d reacts to sexual infidelity
s66(6)(c) R v Clinton.
c. S54(1)(c) A person of d’s sex and age and normal degree of tolerance and self-
restraint and in same circumstances if d, might have reacted in same way or similar
way to d. Partly objective, partly subjective.
S54(30 not circumstances which only bear on d’s general capacity for tolerance and
self-restraint.
examine d and make list of unique facts. Split into excluded characteristics of allowable
circumstances. Apply reasonable person test using circumstances that are allowed.
