loss of control Flashcards
what section of what act addresses loss of control
s54 coroners and justice 2009
what three things must the defence prove for loss of control
- that the defendant lost control
- as a result of a qualifying trigger
- 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
which case proved the need for evidence for LOC
goodwin- the judge clarified the requirement of evidence for all aspects of the defence
what are the rules around time and the LOC
the act states that the LOC need not be sudden and there may be a time delay between the qualifying trigger and loc
what is a case for the LOC not needing to be sudden
Dawes- a reaction to circumstances of extreme gravity may be delayed
what are the rules of revenge for loc
s54 of the act states that if the d acted in a considered desire for revenge then the defence will not be available.
what is a case for revenge and LOC
Ibrams and gregory- ds made a plan to kill ex boyfriend who was harrassing them- no defence as they were acting out of revenge
what case involves evidence of a planned execution
jewell
what section of the act addresses the meaning of a qualifying trigger
s.55 coroners and justice act 2009
what is the meaning of a qualifying trigger as per section 55 of the act
1 things said or done that caused d to have a fear of serious violence against themself or another identified person
- things said or done of extremely grave character that caused d to have a justifiable sense of being seriously wronged
- a combination of the above
what is a case where the defendant feared serious violence for somebody else
ward- d feared that serious violence would be used against their brother; this was a valid qualifying trigger
give a case that demonstrates how the old law of provocation was too broad
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
give a case where there was no qualifying trigger under the new rules of loc
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
what case involves relationships and a qualifying trigger
hatter- the break up of a relationship will not normally constitute circumstances of extremely grave character of a justifiable sense of being seriously wronged
what is the case for sexual infidelity and qualifying triggers
clinton- sexual infidelity is not sufficient to constitute a qualifying trigger