LOC Flashcards
What is loss of control and what sections is it contained in
special impartial defence to murder contained in section 54 and 55 of the corners and justice act
what will it do-if successful?
reduce murder to voluntary manslaughter, giving the judge discretion in sentencing
The loss of control is loss of the ability to exercise judgement, and reason case
Jewell
Dawes
reaction does not have to be sudden there is no need for an immediate response for the defendant to succeed
Clinton
The great of the deliberation, the more likely, the killing was not a true loss of control
Ahluwalia
The loss of control can arise from cumulative causes rather than a single event
what are the two cases for when the defence will not succeed, if acted out of a considered desire for revenge
jewell , ibrams and gregory
Loss of control cannot be self induced
case
Dawes
Cannot be engineered by deliberately inciting violence in the victim in order to provide an excuse for the killing
zebedee
The loss of control must arise from one or both of the two qualifying triggers. What are these triggers?
fear of serious violence or fear of thing said or done s55(3)
Case of Ward
This can be against the defendant or another identified person
There must be fear of serious violence, not just a fear of violence
Clinton
Camplin
things that are said or done, must constitute circumstances of extremely grave character, and have caused the D to have a justifiable sense of being seriously wronged
These elements are just according to what ordinary people would perceive case
Clinton Dawes
sexual infidelity must be what
Disregarded
What is the rule on the ordinary person for loss of control?
The jury must be satisfied, the normal person of the same sex and age, with a normal degree of tolerance and self restraint, and in the circumstances would, or might’ve acted in the same way as the defendant
what characteristics of relevant to the circumstances of the loss of control?
Been taunted about a physical disability, but not mental illness or any factors that are related to tolerance and self restraint, for example, intoxication or racial hatred
Mohammed
where there is a case evident of mental illness, it could be raised under diminished responsibility
What will happen if a defendant is intoxicated plus case
did you we need to ignore the intoxication as it has bearing on the defendants degree of tolerant in self restraint, and they need to determine whether a sort of person would’ve acted in the same way
Asmelash
