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To ask why jurors think manslaughter is acceptable as "loss of control" when death takes over 1min?

87 replies

Thisissuss · 27/03/2025 10:58

Curious to see what legally constitutes "loss of control" I suppose. Keep seeing women being murdered by strangulation then the guys finishing it off with a weapon they've left the room to get being given under 10 years because they clearly "couldn't help themselves".

Strangulation takes a long time...

OP posts:
Thisissuss · 27/03/2025 13:10

nodramaplz · 27/03/2025 13:00

I think the difference is- murder is planned/premeditated.
Manslaughter is in the moment or unintentional

I don't think anyone straddling a woman applying great pressure to her neck for a minute then finishing her off with a hammer is "in the moment or unintentional" though, do you? If you mean to do something for more than 10 seconds of continuous effort, it's not a "passing rage".

OP posts:
whippy1981 · 27/03/2025 13:08

They do not lose control. They are in complete control. It is the opposite shown.

MoMhathair · 27/03/2025 13:06

There are very similar issues around rape, where the default belief seems to be that a man will attack a woman if he ever gets the chance and therefore it's up to the woman to prevent that as best she can. It's been challenged in recent years but it does reveal how incredibly biased the justice system is - basically trying to give men a free pass for their 'natural' behaviour (rape, rage) as much as possible as though the poor babies can't help it!

Thisissuss · 27/03/2025 13:00

Exactly - onus of proof is on the dead woman to show she didn't aggravate the man and he wasn't acting out of revenge! Sounds impossible.

It's not fit for purpose when jurors are being fed misogynistic crap online and society is teaming with double standards.

OP posts:
nodramaplz · 27/03/2025 13:00

I think the difference is- murder is planned/premeditated.
Manslaughter is in the moment or unintentional

MoMhathair · 27/03/2025 12:58

I'm also interested in this: (c) a person of D's sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.

It's interesting that they mention sex and age - are women likely to be judged more harshly than men for losing control?

MoMhathair · 27/03/2025 12:55

This is how it's defined by the CPS:

  1. "54. Partial defence to murder: loss of control
  2. (1) Where a person ("D") kills or is a party to the killing of another ("V"), D is not to be convicted of murder if—
  3. (a) D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,
  4. (b) the loss of self-control had a qualifying trigger, and
  5. (c) a person of D's sex and age, with a normal degree of tolerance and self
  6. restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
  7. (2) For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.
  8. (3) In subsection (1)(c) the reference to "the circumstances of D" is a reference to all of D's circumstances other than those whose only relevance to D's conduct is that they bear on D's general capacity for tolerance or self-restraint.
  9. (4) Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge.
  10. (5) On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
  11. (6) For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply.
  12. (7) A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter.
  13. 55. Meaning of "qualifying trigger"
  14. (1) This section applies for the purposes of section 54.
  15. (2) A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
  16. (3) This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.
  17. (4) This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—
  18. (a) constituted circumstances of an extremely grave character, and
  19. (b) caused D to have a justifiable sense of being seriously wronged.
  20. (5) This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).
  21. (6) In determining whether a loss of self-control had a qualifying trigger—
  22. (a) D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;
  23. (b) a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;

Section 10 is interesting because it seems to imply that juries should be biased towards believing a 'loss of control' defence unless the prosecution shows beyond reasonable doubt that it's false.

The whole thing strikes me as massively patriarchal and informed by a belief that a person can just go into a rage and destroy the world around them and that is an actual defence, when, to me, the idea that you can just lose control and kill speaks equally as ill of your character as pre-meditated murder - it means that potentially you should never be trusted in society again.

Thisissuss · 27/03/2025 12:53

MathsMum3 · 27/03/2025 11:21

There's a really interesting podcast series about this. I think it was recommended by a MN poster!

So many cases where a man had murdered his partner are treated as "crimes of passion", when in fact, the signs had been there for some time, and the violence could have been predicted.

https://www.bbc.co.uk/sounds/play/p0hj410j

Thank you for posting this. All women should be listening to this and making their sons aware.

I found myself wondering the other day how many men who have attacked women and got a key to the face have said they were mugged by a bloke to friends and family instead. I bet there's some correlation there too, having to be the victim.

OP posts:
Thisissuss · 27/03/2025 12:31

Yes, it doesn't seem uncommon for it to be classed as manslaughter even when they have multiple points they could stop. I mean, surely every murder is loss of control if you think of it like that - you don't go about doing it daily so they wouldn't have done it if XYZ hadn't happened.

I hate the victim blaming.

It was that trial show first of all - the one when they had 2 different jurors who came to different conclusions. Just read this on BBC and it sounds very similar https://www.bbc.co.uk/news/articles/cd6v1e224x0o

When are men going to be asked to control their emotions as much as women do?

Hollie is wearing a blue patterned roll-neck jumper. She has shoulder-length brown hair and is lit from the left with her shadow looming on the wall behind her

Ask for Angela: Daughter wants more to be done to protect women

Angela Crompton's daughter has been speaking to the BBC about her life and the campaign in her name.

https://www.bbc.co.uk/news/articles/cd6v1e224x0o

OP posts:
Easterbunnygettingsorted · 27/03/2025 11:24

I was involved in a murder trial many years ago. A man took a knife outside to threaten another man. His dw took that knife off him. He went back inside and got a bigger knife. Stabbed a man fatally in the back.
Manslaughter. Couldn't understand that tbh.. He twice decided to carry a knife.... 2 times to change his mind and revoke the action imo he knew he was going to do.
Very difficult to stay composed watching the trial play out....
I hope the judge didn't sleep that night..

MathsMum3 · 27/03/2025 11:21

There's a really interesting podcast series about this. I think it was recommended by a MN poster!

So many cases where a man had murdered his partner are treated as "crimes of passion", when in fact, the signs had been there for some time, and the violence could have been predicted.

https://www.bbc.co.uk/sounds/play/p0hj410j

Assume Nothing - Femicide: Eight Steps to Stop a Murder - Episode 1: A History of Control - BBC Sounds

Stage one of the Homicide Timeline starts before a couple even meets.

https://www.bbc.co.uk/sounds/play/p0hj410j

Fluffypotatoe123987 · 27/03/2025 11:20

I watched something on this. The man has been manipulated by a later with multiple mh conditions bpd eupd narsasistic etc she had a lot of character references from other partners etc of being like that and her mum etc. One day she threw a cup at him and he flipped and strangled then went got the hammer and killed her. So pushed over the edge.

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