Voluntary Manslaughter

In the UK, voluntary manslaughter refers to a situation where a person intentionally causes the death of another but can raise a partial defence that mitigates the offence from murder to manslaughter. There are two types of voluntary manslaughter. Loss of control and diminished responsibility. 

Voluntary manslaughter is an outcome, not a separate crime. It occurs when the defendant is charged with murder but successfully argues one of two partial defenses, leading to a reduced charge of voluntary manslaughter. This legal strategy provides judges with the flexibility to decide the sentence, avoiding the imposition of a mandatory life sentence. The details of these defenses are outlined in the Coroners and Justice Act of 2009 (CJA), a key legal framework for understanding this aspect of criminal law.

• Introduction: The loss of control defense was introduced by s.54 of the Coroners and Justice Act 2009 and became effective in October 2010.
• Scope: It is a partial defense applicable to the offense of murder, aiming to reduce liability from murder to manslaughter.

Voluntary Manslaughter: Loss of Control (LoC)

In the legal landscape, voluntary manslaughter involving the concept of Loss of Control (LoC) is governed by the provisions outlined in sections 54 and 55 of the Coroners and Justice Act 2009 (CJA). This legal framework provides the basis for understanding how a person charged with murder may be convicted of manslaughter under specific conditions related to the loss of self-control.

Definition: s.54(1)

According to section 54(1), a person accused of killing or being party to a killing may face a manslaughter conviction rather than a murder charge if three criteria are met. These include the presence of a loss of self-control, the existence of a qualifying trigger for this loss of self-control, and the consideration of how a reasonable person of the accused's sex and age, possessing a normal degree of tolerance and self-restraint, might have reacted in a similar situation.

Alternative Conviction: s.54(7)

Section 54(7) stipulates that if the accused would otherwise be liable for murder, they can be convicted of manslaughter instead. This provision allows for legal flexibility in sentencing.

Nature of Loss of Control: s.54(2)

The nature of the loss of control, as defined in section 54(2), need not be sudden or total. This recognizes that a gradual or partial loss of control can still be considered within the legal framework.

Qualifying Trigger: s.55 CJA

Section 55 of the CJA delves into the concept of qualifying triggers, which are essential components determining the applicability of LoC.

Definition: s.55(3)

A qualifying trigger, as defined in section 55(3), occurs when the loss of control is attributable to the accused's fear of serious violence from the victim.

Definition: s.55(4)

Alternatively, section 55(4) outlines another qualifying trigger where the loss of control results from circumstances of an extremely grave character that caused the accused to have a justifiable sense of being seriously wronged.

Combined Triggers: s.55(5)

Section 55(5) allows for a combination of the triggers outlined in sections 55(3) and 55(4) to be considered.

Limits on Qualifying Triggers: s.55(6) CJA

Section 55(6) imposes limitations on qualifying triggers to ensure fairness and consistency.

Exclusion: s.55(6)(c)

Sexual infidelity is explicitly disregarded as a qualifying trigger, as per section 55(6)(c).

Exclusion: s.55(6)(a)(b)

Furthermore, section 55(6)(a)(b) specifies that the accused cannot rely on LoC if they caused the conditions leading to their own defense.

Degree of Tolerance and Self-Restraint: s.54(1)(c)

The degree of tolerance and self-restraint, as stated in section 54(1)(c), becomes a jury decision. This involves considering various factors, including the accused's mental health, substance intoxication, and contextual elements such as sexual infidelity.

Jury Decision: s.54(1)(c)

Section 54(1)(c) underscores that the jury plays a crucial role in determining whether a person of the accused's sex and age, with a normal degree of tolerance and self-restraint, might have reacted similarly in the given circumstances.

Burden of Proof: s.54(5)

The burden of proof, as per section 54(5), is on the prosecution. If sufficient evidence is presented, the jury assumes that the defense of Loss of Control is satisfied unless the prosecution can prove beyond a reasonable doubt that it is not. This places the onus on the prosecution to negate the applicability of LoC.

In conclusion, the legal landscape surrounding voluntary manslaughter and Loss of Control is intricate and multifaceted, requiring a comprehensive understanding of the specific provisions outlined in the Coroners and Justice Act 2009.