loss of control Flashcards
Coroners & Justice Act 2009
S.54 & 55 - defines loss of control as a new defence to special and partial murder
loss of control - part 1
S.54 (1) - procedure
old - all cases that provoked the defendant
new - the judge must decide if there is a sufficient amount of evidence
Workman
stabbed his ex- wife accidentally through the heart whilst she was in a head lock
TJ - insufficient amount of evidence for LOC
COA - LOC inadmissible due to the lack of evidence
Barnsdale - Quean
strangled his wife with a chain and claimed she committed suicide
TJ - insufficient evidence
COA - upheld conviction under the new act, insufficient evidence
loss of control - part 1 (2)
S.54 (2)
- must be a complete loss of control
- loss need not to be sudden and temporary
- the desire of revenge is not allowed
Jewell
shot colleague in the body and head, then escaped with a survival kit to Scotland
TJ - insufficient evidence for LOC
COA - upheld not LOC due to evidence of planning and revenge
Ahluwalia - old case
abused wife of several years set fire to her husband
LOC - failed as there was no sudden and temporary loss of self control
under the new defence it would still be murder as she didn’t lose control and it was revenge
Trigger 1 - S.55 (3)
a fear of serious violence from V against D or another identified person - subjective
Ward
2 brothers at a party, V attacked D’s brother so the defendant killed V
S.55 (3) - succeeded as D had fear of V against another person
Lodge
D killed V a drug dealer who attacked him
LOC - succeeded as he had a fear of serious violence from V
Trigger 2 - S.55 (4)
things said or done of an extremely grave character causing D to have a justifiable sense of being seriously wronged - objective
Cumulative provocation should still apply
Zebedee
94 year old with dementia soiled himself so D killed him
old - would have passed as LOC
new - LOC failed as he Vs actions weren’t of grave character and no JSSW
Clinton
strangled wife after she gave details of her affair and taunted suicide
TJ - refused LOC due to sexual infidelity
COA - LOC succeed as sexual infidelity can trigger other qualifiers
Hatter
D had a brief relationship with V, V got into a new relationship so D stabbed V
TJ - LOC failed
COA - LOC failed as there wasn’t GC or JSSW
Bowyer
D burgled V, both in a relationship with the same woman, fight … D killed V
TJ - murder conviction LOC failed, no GC and no JSSW as he was a burglar