Home > BTEC Level 3 Certificate / Diploma in Applied Law (QCF)

Question: P2: Explain the law on voluntary manslaughter

M2: Apply the law on voluntary manslaughter in a given situation

D1 (PARTIAL): Evaluate the law on murder and voluntary manslaughter.

Unit 4: Unlawful Homicide and Police Powers - ASSIGNMENT 2
Unit Code: H/600/6161
QCF Level 3: BTEC National
Edexcel BTEC Level 3 Certificate and BTEC Level 3 Subsidiary Diploma in Applied Law (QCF)

Answer: Voluntary manslaughter is a partial defence to a charge of murder, including loss of control. If the defendant is successful in loss of control, then this will lead to them being found guilty of manslaughter instead of murder. This law is included in s.54 of Coroners and Justice Act 2009 and states that a person should be convicted of manslaughter instead of murder if: they had a loss of self-control, there was a qualifying trigger, and if a person of the same age and sex would have acted in the same way as the defendant.
A loss of self-control is the first step that must be proved in court. A loss of self-control used to have to be sudden which caused the defendant (a woman) in the case of Ahluwalia (1992) unable to use loss of self-control as a defence since she did not act suddenly to the situation like a man usually does. However, nowadays a loss of self-control does not have to be...(short extract)

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  • Subject: Law
  • Course: BTEC Level 3 Certificate / Diploma in Applied Law (QCF)
  • Level: BTEC
  • Year: Not applicable
  • Mark: Not available
  • Words: 1402
  • Date submitted: December 04, 2017
  • Date written: September, 2017
  • References: No
  • Document type: Essay*
  • Essay ID: 8204

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