1B - Voluntary Manslaughter - Loss of Control - Case List Flashcards
LOC - R v Dawes
Where the D has normal capacity of self-restraint and tolerance, then, unless the circumstances were extremely grave, any normal irritation or even serious anger will not come within ‘loss of control’ for Acts’ purposes
LOC - R v Jewell
A person may have lost self-control if they ‘lost their ability to maintain his actions in accordance with considered judgment’
LOC - R v Ward
D does not have to fear violence by V, fear of violence against another person can amount to a qualifying trigger
LOC - R v Clinton
Sexual infidelity can be taken into account when looking at the whole circumstances
LOC - R v Zebedee
That for ‘things done or things said’ to be a qualifying trigger they must be circumstances of an extremely grave character and D must have a justifiable sense of being wronged
LOC - R v Hatter
Breakups will not be judges grave or seriously wronged. The ending of a relationship doesn’t count as its a ‘normal day/life’ occurrence
LOC - R v Bowyer
Did the D have a justifiable sense of being wronged?
LOC - R v Asmelash
His intoxication couldn’t be taken into account when pleading loss of control
LOC - s.2 - R v Jewell compared to R v Dawes
In Jewell, the CoA said a person may have lost self-control if they ‘lost their ability to maintain his actions in accordance with considered judgment’ but in Dawes, the CoA said normal irritation and even serious anger was not enough
LOC - R v Dawes - Lord Judge
‘provided there was a loss of control, it doesn’t matter whether the loss was sudden or not. A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately’
LOC - R v Dawes - In relation to s.55(3)
There will be no defence if the D incited the violence (s.55(6)(a) Coroners and Justice Act 2009) for the purpose of providing an excuse to use the violence
