Loss of control Flashcards
What are the two defences?
Loss of control and diminished responsibility
What do the defences reduce a conviction of murder to?
Manslaughter
Are the defences full or partial defences?
Partial
Loss of control
Partial defence, reducing murder conviction to manslaughter
Diminished responsibility
Partial defence, reducing murder conviction to one of manslaughter
Where is loss of control described in?
s 54 of the Coroners and Justice Act 2009
What is the three-stage test for loss of control?
Defendant must lose control
Because of a qualifying trigger, and
A person of their sex and age, with a normal degree of tolerance, might have reacted the same way in the same circumstances
Key case for loss of control?
R v Clinton
R v Clinton
Killed wife for affair. Sexual infidelity should be taken into consideration as a qualifying trigger
Where is defendant must lose control described in the act?
s 53(1)(b)
What does s 53(1)(b) say about losing control?
Does not matter whether it was sudden.
What was said in R v Jewell?
Loss of control means the loss of normal powers of reasoning
What does S 55 define?
It defines what is meant by qualifying trigger
What can be a qualifying trigger (2)? Section 55
Fear of serious violence from victim. (fear does not need to be reasonable)
Something done by victim which constituted circumstances of an extremely grave character and caused a justified sense of being wronged.
Which section defines qualifying trigger?
Section 55
Can the breakdown of a relationship on its own be a qualifying trigger?
No, R v Hatter
What is the fear of violence called?
Fear trigger
What is the justified sense of being wronged called?
Anger trigger
Is this defence available for revenge?
No, even if losing control as a result of trigger
What does section 54(1)(c) require?
That a person of the defendant’s sex and age with a normal degree of tolerance in the same circumstances, might have reacted similarly.
What are disregarded when considering the defendant?
Their general ability to exercise tolerance etc
What is the section for considering a person in the defendants position?
54(1)(c)
Once the defence is raised who is the burden of proof on?
The burden of DISPROOF is on the prosecution.
