loss of control Flashcards

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1
Q

Coroners & Justice Act 2009

A

S.54 & 55 - defines loss of control as a new defence to special and partial murder

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2
Q

loss of control - part 1

A

S.54 (1) - procedure
old - all cases that provoked the defendant
new - the judge must decide if there is a sufficient amount of evidence

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3
Q

Workman

A

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

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4
Q

Barnsdale - Quean

A

strangled his wife with a chain and claimed she committed suicide
TJ - insufficient evidence
COA - upheld conviction under the new act, insufficient evidence

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5
Q

loss of control - part 1 (2)

A

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
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6
Q

Jewell

A

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

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7
Q

Ahluwalia - old case

A

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

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8
Q

Trigger 1 - S.55 (3)

A

a fear of serious violence from V against D or another identified person - subjective

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9
Q

Ward

A

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

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10
Q

Lodge

A

D killed V a drug dealer who attacked him

LOC - succeeded as he had a fear of serious violence from V

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11
Q

Trigger 2 - S.55 (4)

A

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

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12
Q

Zebedee

A

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

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13
Q

Clinton

A

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

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14
Q

Hatter

A

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

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15
Q

Bowyer

A

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

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16
Q

normal person test

A
  • a person of D’s age & sex with a normal degree of restraint that they might have reacted the same/similar
  • 2 responses, reaction - defendants characteristics
    control - objective, just age and sex
17
Q

Asmelash

A

D & V drinking, D stabbed V through the heart, claimed he drunkly swung
TJ - LOC failed as the NP wouldn’t have acted the same
COA - intoxication isn’t part of NP

18
Q

Clarke

A

V told D she was having an abortion, D strangled and electrocuted her body
NP - would react but not in the same way so provocation failed