Loss of control Flashcards
What is loss of control
A partial defence
Where can loss of control be found in law
S54 and 55 coroners and justice act 2009
What is the definition of loss of control
Ds act or omission in killing the victim resulted from a loss of control which had a qualifying trigger and a person of the same sex and age of the D, with a normal degree of tolerance and self restraint, would have acted in the same way
What is the 3 part test that satisfies loss of control
Loss of self control, qualifying trigger and the objective test
What is the definition for the loss of self control
The D has lost control if he has lost the ability to act with considered judgement or normal powers of reasoning
What case supports the definition of loss of self control
Jewell
What section of the act states that loss of self control doesn’t have to be sudden and a delay can be taken into account
S54(2)
What case backs up S54(2) for the loss of self control
Baillie
What is the definition of a fear as a qualifying trigger
D fears serious violence from V
What section supports fear being a qualifying trigger
S55(3)
What is the subjective test for fear being a qualifying trigger
As long as the D’s fear of the violence is genuine, it does not need to be reasonable
What case is placed with fear being a qualifying trigger
Dawes
What are the 2 definitions of anger being a qualifying trigger
- Constituted circumstances of an extremely grave character
- Caused the D to have a justifiable reason of being seriously wronged
What is the objective test as a part of anger being a qualifying trigger
The jury decide if a reasonable man would have felt seriously wronged
What case is used for anger as a qualifying trigger
Hatter
What section says it can be a mix of both fear and anger triggers
S55(5)
What section states that triggers cannot be used if the D incites the situation and uses it as an excuse for violence
S55(6)(a-b)
What section states sexual infidelity alone cannot be enough for an anger trigger
S55(6)(c)
What is the definition of the objective test
Jury will decide whether a person of the Ds sex and age, with a normal degree of tolerance and self restraint would have acted in the same or similar way
What section does the objective test for loss of control fall under
S54(1)(c)
What case is used when stating age and sex are important considerations
Camplin
What circumstances of the D will judges look at in loss of control
Unemployment, epilepsy, depression…
What case supports the circumstances the judge will look at in loss of control
Gregson
What case states sexual abuse suffered as a child will be considered in the objective test of loss of control
Hill
What case states intoxication will not be considered in loss of control
Asmelash
What case states bad temper or anger issues wont be considered by a judge in loss of control
Mohammed
Which case states behaviour which is not reasonable will not be considered for loss of control
Christian
