A01 Loss Of Control Flashcards
What is the definition of Loss of Control?
D will not be guilty of murder if the killing resulted from a LOC, which had a qualifying trigger and a person of D’s age and sex may have acted in a similar way
What is a Total Loss of Control?
This need not be a sudden snap but can instead be a slow burn reaction. The jury can determine this.
What is the Fear Trigger?
Under S55(3) D must have a serious fear of violence from the victim to themselves or another.
This is a subjective test and D must have a genuine fear. Cannot be fear that victim will cause harm in the future.
What is the Anger Trigger?
S55(4) Things said or done can be taken into account. These must constitute an extremely grave character or cause. D must have a justifiable sense of being seriously wronged. This is objective and has a high threshold.
What is the rule with Sexual Infidelity?
SI must be disregarded as things said or done unless this forms part of the wider context.
What is the rule with revenge?
Acting out of a considered desire for revenge can not be regarded as a LOC
Standard of self control:
Would a person of D’s sex and age with an ordinary level of tolerance in the same circumstances as D would have acted in the same or similar way. The jury decide this.
Intoxication+ LOC
Voluntary intoxication cannot be considered a LOC. However D must convince the jury a sober and reasonable person in the same situation would have acted in the same/ similar way.
Key case for Total Loss of Control
(R v Jewell)
Key Case for Fear Trigger
(R v Ward)
Key case for Anger Trigger
(R v Zebedee)
Key case for sexual infedility
(R v Clinton)
Key case for Standard of Self Control
(R v Rejmanski)
Key Case for Intoxication
(R v Asmelash)
