Voluntary manslaughter- loss of control evaluation

Created by: legallybrunettestudies
Created on: 26-04-20 14:36


	Voluntary manslaughter- loss of control evaluation
	Advantages The new defence of loss of control is wider than the previous defence of loss of control as no need for the loss of control to be sudden The new defence also means no access to the defence in cases of revenge because of the need of a qualifying trigger defence is given to victims of abuse who lose their control due to a serious fear of violence Sexual infidelity is not included as a qualifying trigger but can count towards evidence of one The defendant's circumstances are fully examined including a history of the relationship between D and V	Disadvantages It may be difficult for victims of abuse to access the defence as it may be difficult to prove abuse The defence is narrower than the old defence as it requires things said or done to be of an extremely grave character A justifiable sense of being wronged is judged objectively so the defence isn't widely available It is unsure if the problems with the defence of provocation are fully resolved in loss of control
	Evaluation Essentially, the defence could be considered both wider and more narrow that the previous defence of provocation but in terms of justice, especially with regard to abuse victims, it allows for reparation and closure for the families and those affected by the defendant's actions. I also believe that when we are talking about a person unlawfully killing another with malice aforethought we cannot afford to have defences too wide or there would be no murder convictions, only voluntary manslaughter which in itself is unjust.

Voluntary manslaughter- loss of control evaluation

Advantages

The new defence of loss of control is wider than the previous defence of loss of control as no need for the loss of control to be sudden
The new defence also means no access to the defence in cases of revenge because of the need of a qualifying trigger
defence is given to victims of abuse who lose their control due to a serious fear of violence
Sexual infidelity is not included as a qualifying trigger but can count towards evidence of one
The defendant's circumstances are fully examined including a history of the relationship between D and V

Disadvantages

It may be difficult for victims of abuse to access the defence as it may be difficult to prove abuse
The defence is narrower than the old defence as it requires things said or done to be of an extremely grave character
A justifiable sense of being wronged is judged objectively so the defence isn't widely available
It is unsure if the problems with the defence of provocation are fully resolved in loss of control

Evaluation

Essentially, the defence could be considered both wider and more narrow that the previous defence of provocation but in terms of justice, especially with regard to abuse victims, it allows for reparation and closure for the families and those affected by the defendant's actions. I also believe that when we are talking about a person unlawfully killing another with malice aforethought we cannot afford to have defences too wide or there would be no murder convictions, only voluntary manslaughter which in itself is unjust.

Get Revising

Voluntary manslaughter- loss of control evaluation