Homicide - Loss Of Self-Control Flashcards
What are the elements of Loss of Control contrary to the Coroners and Justice Act 2009?
A. D’s act/omission must result from Ds loss of control
B.The loss of self-control had a qualifying trigger.
C. A person of normal tolerance & self restraint might have reacted in a similar way.
R v Ahluwalia
In this case the woman killed her husband because the husband had been abusive through your their marriage. Although her defence of provocation was not accepted, it is argued that the new defence of loss of self control would have acquainted for loss of self control that isn’t sudden and is over a period of time.
What act are the qualifying triggered set out in & what must they relate to?
S.55 of the Coroners & Justice Act 2009.
Must attribute to Ds fear of serious violence from V against D or another identified person
If things said or don’t of extremely grave character it causing D to have a sense of being seriously wronged.
R v Hatter 2013
The defendant accidentally stabbed his wife and claimed loss of self control because of the breakdown of their relationship. The defence was not upheld as it was held that he did not have sense of been wronged and this was an objective test. Break down of relationships are not usually seen as a nature of extreme grave character.
What are the limitations on qualify triggers contact to S.55
If the thing done constitutes sexual infidelity it is to be disregarded.
Or if they incited the thing done or said or the violence.
R v Clinton 2012
The defendant repeated beat his wife and tried to rely on loss of control as she confessed to cheating on him. There were many other factors aswell. It was held that although sexual infeledity couldn’t be relied upon as a qualifying trigger, it can be used if there are other triggers and this added to why the defendant acted the way he did. The murder conviction was quashed.
R v Camplin
A 15 year old was raped by a man who violated and laughed at him. It was held that the reasonable man of provocation must also be compared to the reasonable person of that sex and age.
