loss of control Flashcards
What section and act does the defence of ‘Loss of control’ come under?
S54 Coroners and Justice Act 2009
What is the first thing that must be established in LoC?
It must be shown that D lost control and wasn’t exercising proper judgement.
What is the principle in R v Jewell?
There must be sufficient evidence that D lost control
Which case stated that loss of control doesn’t need to be sudden as people act differently to provoking behaviour, however, the longer the delay, the less likely it will be loss of control?
R v Dawes
What is the second thing that needs to be established under LoC?
That there was a qualifying trigger
What is the fear trigger?
Fear of serious violence against D or an identified individual.
What is the principle in R v Lodge?
Fear of violence against D
Which case stated fear of violence on another person can amount to a qualifying trigger?
R v Ward
Which case stated that LOC (fear of violence) does not apply where D incited the violence?
R v Dawes
What is the anger trigger?
Things said or done which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
How is it tested to see if the circumstances are of an extremely grave character and whether D had a justifiable sense of being seriously wronged?
Judged objectively, the things said or done are… and the reasonable man would constitute these as circumstances of an extremely grave character because…
What was the principle under R v Clinton?
Sexual infidelity is not a trigger where it is the only reason for the killing, but can be considered alongside other things under circumstances.
Is a history of abuse relevant?
Yes, a history of abuse would affect the way D, and a reasonable man in D’s circumstances would react, and so should be taken into account (Hill)
Is voluntary intoxication relevant?
No, this is not considered.
Can D argue they were “hot headed”
No, hot tempered cannot be taken into account (Mohammed)
