Loss of Control Flashcards
Introduction?
S54 (1) Coroners and Justice Act 2009 sets out the law on loss of control.
1) D must have lost self control.
2) There must be a qualifying trigger.
3) A person of the same age and sex would have acted in the same way.
1) Loss of Self Control, S54(1)?
There has to be a loss of self control for the defence to be successful.
R v Jewell - D being tired, depressed and unable to think straight does not amount to a loss of self control.
1) Loss of Self Control, S54(2)?
The loss of self-control does not need to be sudden and it is a jury decision.
Martin - The Jury is able to draw upon all available evidence.
1) Loss of Self Control, S54(4)?
Defence not available if D is acting out of revenge.
2) There must be a qualifying trigger, S55(5)?
There are two qualifying triggers, the Defendant can have either or a combination of both.
2) There must be a qualifying trigger, S55(3)?
Goodwin - A fear of serious violence from the victim to the D.
Or to another person who is with the D - Ward.
2) There must be a qualifying trigger, S55(4)?
Things said or done to give a justifiable sense of being wronged.
R v Hatter - Circumstances must be extremely grave.
2) There must be a qualifying trigger, Limitations on Qualifying triggers?
S55(6)(a) - Where a D has incited violence D cannot rely on 1st qualifying trigger - R v Dawes.
S55(6)(c) - Sexual infidelity alone does not amount to a qualifying trigger - R v Clinton.
Breakdown of a relationship - R v Bowyer.
3) Normal Person Test, S54(3)?
A person of the same age and sex would have reacted in the same way.
3) Normal Person Test, S54(1)(c)?
Takes into account age, sex and circumstances of the D. No other characteristics are relevant.
What sets out what the circumstances could include?
R v McGrory - Depression and self restraint, personality disorders, sexual infidelity, Paranoid schizophrenia.
What case sets out the circumstances to not include?
R v Asmelash - Voluntary Intoxication.
