loss of control Flashcards
where is the defence of loss of control found under
ss.54-54 coroners and justice act 2009
what does loss of control replace
provocation
who will decide if there is sufficient evidence for loss of control
the judge
what are the three elements of loss of control
d must have lost control
there must have been a qualifying trigger
person of the same sex and she would have done the same in the circumstances
how is sufficient evidence of a loss of control tested
subjective test
give three cases for element one loss of control
gurpinar
jewell
r v dawes
what happened in r v jewell
d drove to v house and shot v
d claimed to have been intimidated
and admitted to shooting v as in a dream
not loc
can there be a delay between the trigger and the loss of control and case
yes but the further between the trigger and the act the less likely it is to be loss of control
dawes, hatter + bowyer
is there a loss of control if the act is of revenge and case
no if it has been a planned revenge it’s not loc
ibrams v gregory
what are the two troyes of qualifying triggers
fear trigger
anger trigger
what part of of the act sets out the qualifying triggers
s.55 CJA 2009
what is the fear trigger
fear for yourself and others
threat of immediate serious violence
what is said in s55.3
fear doesn’t have to be reasonable
give two cases about the fear trigger
r v martin
ward
what is the anger trigger also known as
things said or done
what is the anger trigger
d has a sense of being seriously wronged
what must the circumstances be for the anger trigger
extremely grave
and d sense of grievance was justified
what was confirmed in s55(4)(a) and (b) and by what case
the section is an objective test
clinton
what matters are excluded
acts of revenge
sexual infidelity on its own
if started a fight
what case influenced the restricted matters
r v dawes
give a case for each restriction
sexual infidelity-clinton
revenge-ibrams v gregory
what happened in r v zebedee
d lost control when alzimers dad repeatedly pooed himself and killed him
not loc
what happened in bawyer
burglar killed v when caught
not loc
what is the standard of self control
how a normal person (someone of same sex and age) would react
is someone with anger problems covered under the standard of self control and case
no r v mohamed
