Voluntary Manslaughter: Evaluation & Reform

[Flash Card 1 of 1]

Recent Reform:

• two partial defences / provocation & diminished responsibility (Homicide Act 1957)
• provocation replaced / with loss of control (Coroners and Justice Act 2009)
• loss of control / wider / no requirement for it to be sudden / fear of serious violence can be considered
• loss of control / narrower / sexual infidelity no longer a qualifying trigger / things said or done must be extremely grave in nature & caused a justifiable sense of being seriously wronged

Further reform

• concerns still persist / some argue loss of control too restrictive
• Law Commission / proposed removing loss of control criteria completely / eg Ds in abusive relationship may kill from combination of emotions / not necessarily loss of control
• some argue / unfair sexual infidelity is excluded / common law provocation grew out of prevalence of cases / many people would lose control on finding out about partner's affair
• some argue / fear of serious violence too restrictive / as must have lead to loss of control

bits of law