loss of control

Question 1

what section of what act addresses loss of control

Answer 1

s54 coroners and justice 2009

Question 2

what three things must the defence prove for loss of control

Answer 2

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

Question 3

which case proved the need for evidence for LOC

Answer 3

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

Question 4

what are the rules around time and the LOC

Answer 4

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

Question 5

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

Answer 5

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

Question 6

what are the rules of revenge for loc

Answer 6

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

Question 7

what is a case for revenge and LOC

Answer 7

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

Question 8

what case involves evidence of a planned execution

Answer 8

jewell

Question 9

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

Answer 9

s.55 coroners and justice act 2009

Question 10

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

Answer 10

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

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

what case involves relationships and a qualifying trigger

Answer 14

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

Question 15

what is the case for sexual infidelity and qualifying triggers

Answer 15

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

Question 16

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)

Answer 16

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.

Question 17

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

Answer 17

d’s personal characteristics

d’s personal circumstances