loss of control Flashcards

1
Q

what section of what act addresses loss of control

A

s54 coroners and justice 2009

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2
Q

what three things must the defence prove for loss of control

A
  1. that the defendant lost control
  2. as a result of a qualifying trigger
  3. and that a person of the same age and sex with a normal degree of tolerance and restraint in the same circumstances might have acted in the same way or in a similar way
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3
Q

which case proved the need for evidence for LOC

A

goodwin- the judge clarified the requirement of evidence for all aspects of the defence

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4
Q

what are the rules around time and the LOC

A

the act states that the LOC need not be sudden and there may be a time delay between the qualifying trigger and loc

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5
Q

what is a case for the LOC not needing to be sudden

A

Dawes- a reaction to circumstances of extreme gravity may be delayed

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6
Q

what are the rules of revenge for loc

A

s54 of the act states that if the d acted in a considered desire for revenge then the defence will not be available.

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7
Q

what is a case for revenge and LOC

A

Ibrams and gregory- ds made a plan to kill ex boyfriend who was harrassing them- no defence as they were acting out of revenge

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8
Q

what case involves evidence of a planned execution

A

jewell

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9
Q

what section of the act addresses the meaning of a qualifying trigger

A

s.55 coroners and justice act 2009

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10
Q

what is the meaning of a qualifying trigger as per section 55 of the act

A

1 things said or done that caused d to have a fear of serious violence against themself or another identified person

  1. things said or done of extremely grave character that caused d to have a justifiable sense of being seriously wronged
  2. a combination of the above
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11
Q

what is a case where the defendant feared serious violence for somebody else

A

ward- d feared that serious violence would be used against their brother; this was a valid qualifying trigger

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12
Q

give a case that demonstrates how the old law of provocation was too broad

A

doughty- man’s conviction of murder for killing his baby son was quashed because it was said that it should have been left to the jury to decide whether the baby crying was provocation

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13
Q

give a case where there was no qualifying trigger under the new rules of loc

A

zebedee- elderly man kept having toilet problems so his son killed him. d was not allowed loc because toilet problems were not of extremely grave character and should not have caused the defendant a justifiable sense of being seriously wronged

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14
Q

what case involves relationships and a qualifying trigger

A

hatter- the break up of a relationship will not normally constitute circumstances of extremely grave character of a justifiable sense of being seriously wronged

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15
Q

what is the case for sexual infidelity and qualifying triggers

A

clinton- sexual infidelity is not sufficient to constitute a qualifying trigger

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16
Q

give an old case that demonstrates the importance of the new standard of self control (d being compared to someone of the same age and sex)

A

camplin- d was a fifteen year olf boy who killed the grown man who had just raped him. the jury was asked to compare the boy to the standards of an adult man and he was not allowed the defence of provocation.

17
Q

what will not be considered when comparing d to the standard of self control

A

d’s personal characteristics

d’s personal circumstances