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Criminal Law 1b > Loss of control > Flashcards

Loss of control Flashcards

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1
Q

What type of defence is it to murder and what would be the alternative charge?

A
  • Partial

- Voluntary manslaughter

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2
Q

Why is there a serious need for distinction of murder or manslaughter?

A
  • Fair labelling
  • Questionable MR fault
  • Minimal criminalisation
  • Proportionality
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3
Q

Mawgridge 1707 (Old provocation law)

A
  • Challenged another man to a dual
  • Other man then threw a bottle at D so he drew sword and stabbed him
  • Only Manslaughter under the old provocation law
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4
Q

Where can the old provocation law be found?

A
  • Section 3 Homicide Act 1957
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5
Q

What is the old provocation law criteria?

A
  • Things said or done to provoke
  • D suffered a sudden and temporary loss of control
  • The provocation was enough to make a reasonable man do as D did
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6
Q

Who proposed reforms to the old provocation law and why?

A
  • The law commission because by requiring for the LOC to be sudden it was protecting men who kill for infidelity
  • The law should push people to control their anger
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7
Q

Where can law on LOC be found?

A
  • Section 4 and 5 Coroners and Justice Act 2009
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8
Q

What is the LOC criteria?

A
  • D loses control as a result of a triggering event
  • The triggering event must be qualifying
  • The LOC must be objectively understandable `
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9
Q

Who decides on the outcome of the case?

A
  • The Jury
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10
Q

What effect did the new criteria have on the law?

A
  • No requirement for the V to have caused the LOC
  • LOC need not be sudden
  • LOC was still not available for revenge
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11
Q

Jewell 2014

A
  • Shotgun into someones face

- COA said there was not enough sufficient evidence to prove LOC existed

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12
Q

What are the 2 qualifying triggers?

A
  • Fear of serious violence

- A sense of being seriously wronged by things said or done

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13
Q

What is qualifying trigger 1 and what does it cover and when is it not available?

A
  • Fear of serious violence
  • Covers excess self-defence
  • Not available where D incites the violence
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14
Q

Ahluwalia 1993

A
  • Women abused by partner
  • She lit fire to his bed and killed him
  • She had fear of serious violence
  • It was excessive self- defence amounting to LOC
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15
Q

R v Thornton 1996

A
  • Appellant killed alcoholic abusive husband
  • Was excessive self-defence
  • She had a fear of serious violence
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16
Q

Dawes 2013

A
  • D came home from work and saw partner in bed with another man
  • He attacked man who lashed out with a bottle so D stabbed and killed him
  • appealed to be allowed to use LOC as he did not incite the violence to give himself an excuse as he had fear of serious violence of the bottle been thrashed at him
  • COA agreed with above but did not agree that he had lost control
17
Q

In qualifying trigger 2 what must the things said and done have caused?

A
  • Must have constituted circumstances of an extremely grave character (Objective)
  • AND caused D to have a justifiable sense of being seriously wronged (Subjective)
18
Q

Doughty 1986

A
  • Was the old provocation law
  • Father with crying baby knelt on it to shut it up and killed it
  • Successfully appealed at the time and used provocation
  • He would not succeed with the LOC now a days
19
Q

Mohammed 2005

A
  • Honour killing of his daughter as she had sex with boyfriend
  • Jury rejected provocation
  • Appeal was dismissed
  • He felt seriously wronged because of his religious beliefs and therefore under new law could be justifiable
20
Q

Clinton 2012

A
  • D mocked partner after she slept with another man and for going on suicide websites
  • He killed her
  • Sexual infidelity is excluded as a way of LOC under the new defence
  • Appeal was allowed because although infidelity cannot be main reason it can be taken into account with other factors present
  • Convicted of Manslaughter
21
Q

What is the objective test in LOC?

A

-Might a person of D’s sex and age with a normal degree of tolerance and restraint and in the circumstances of D have reacted in the same or similar way?

22
Q

Holley 2005

A
  • Both alcoholics and D was chopping wood in the yard and V came home from pub and said she had cheated on him
  • Killed her with an axe
  • Courts decided that alcoholism was not relevant in assessing a person with normal tolerance and restraint
23
Q

What is battered women syndrome, good and bads?

A
  • The syndrome effects people’s capacity to have the restraint and tolerance of an ordinary person.
  • Women need not be sudden in their LOC
  • This helped by the new provisions
  • Although the women still have to prove the act was not done out of revenge
  • What functions are actually served by imprisoning these women even if at a reduced sentence of manslaughter

Criminal Law 1b (26 decks)

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