LOC Flashcards
What is the definition of LOC
Defined in s54 of the CJA 2009 and can be successfully used when ‘D looses their self control due to a qualifying trigger and a person of the same sex and age would have reacted in the same way as D’
What must D prove + case
D must prove they have lost all self control partial not sufficient, though it doesn’t have to be sudden
R V Jewell- defence failed as it was found D planned the attack
What must the loc be caused by + cases
A qualifying trigger which is a fear of serious violence from V
R V Ward- where D didn’t fear serious violence towards himself but feared V would use serious force on his brother- successful
Or
Things said or done which were of a extremely grave nature and caused D to have a justified sense of being seriously wronged
R V Hatter- defence failed as no sudden LOC + circumstances weren’t of a extremely grave nature and didn’t have a justifiable sense of being wronged
A person of the same age + sex + normal degree of tolerance would have reacted the same
Sexual infidelity rule + case
Not a trigger on its own but taken into account
R V Clinton appeal successful as she taunted him about suicide
