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Criminal law > Loss of control > Flashcards

Loss of control Flashcards

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1
Q

The Coroners and Justice Act 2009

A

created the defence of loss control

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2
Q

What created the defence of loss control?

A

The Coroners and Justice Act 2009

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3
Q

A person is able to use the defence of loss of control if…

A

he suffers a total loss of control caused by a qualifying trigger and if a person of D’s sex and age with a normal degree of tolerance and self-restraint, and in the circumstances of D, might have reacted in a similar way to D

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4
Q

Elements of loss of control

A
  • total loss of self-control
  • a qualifying trigger must cause the loss of control
  • standard of self-control
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5
Q

Total loss of control is a…

A

question of fact for the jury to decide based on the evidence

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6
Q

Jewell 2014

A
  • loss of control must be total and entire
  • evidence that D was unwell, tired or depressed is insufficient
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7
Q
  • loss of control must be total and entire
  • evidence that D was unwell, tired or depressed is insufficient
A

Jewell 2014

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8
Q

Rejmanski 2018

A

A mental disorder could be considered as affecting any loss of control

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9
Q

A mental disorder could be considered as affecting any loss of control

A

Rejmanski 2018

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10
Q

S.54(2)

A

loss of control doesn’t have to be temporary or sudden

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11
Q

loss of control doesn’t have to be temporary or sudden

A

S.54(2)

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12
Q

Evidence of planning is…

A

evidence against a loss of control

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13
Q

Whats strengthens the evidence of planning?

A

A long time interval between the provocation and the loss of control

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14
Q

S.54(1)(b)

A

Loss of control must be caused by a qualifying trigger

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15
Q

Loss of control must be caused by a qualifying trigger

A

S.54(1)(b)

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16
Q

S.55(3) qualifying trigger

A

Fear of serious violence from V to D or another person

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17
Q

Fear of serious violence from V to D or another person

A

S.55(3) qualifying trigger

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18
Q

S.55(4) qualifying trigger

A

Circumstances of an extremely grave nature that leave D with a justifiable sense of being seriously wronged

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19
Q

Circumstances of an extremely grave character that leave D with a justifiable sense of being seriously wronged

A

S.55(4) qualifying trigger

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20
Q

S.55(5)

A

Qualifying trigger can be a mix of both S.55(3) and S.55(4)

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21
Q

Qualifying trigger can be a mix of both S.55(3) and S.55(4)

A

S.55(5)

22
Q

Triggers excluded from the act

A
  • Sexual infidelity
  • Revenge
  • An excuse to use violence
23
Q

S.55(6)(c)

A

Sexual infidelity is not a qualifying trigger

24
Q

Sexual infidelity is not a qualifying trigger

A

S.55(6)(c)

25
Q

Case demonstrating S.55(6)(c)

A

Dawes 2013

26
Q

What surrounding infidelity can be a qualifying trigger?

A

Lies and actions

27
Q

Revenge is not a qualifying trigger

A

S.54(4)

28
Q

S.54(4)

A

Revenge is not a qualifying trigger

29
Q

Why is revenge not a qualifying trigger?

A

It was considered, not spontaneous

30
Q

Bamford 2016

A

Case demonstrating S.54(4)

31
Q

Case demonstrating S.54(4)

A

Bamford 2016

32
Q

An excuse to use violence is not a qualifying trigger

A

S.55(6)(a) and (b)

33
Q

S.55(6)(a) and (b)

A

An excuse to use violence is not a qualifying trigger

34
Q

What is an excuse to use violence?

A

Fear of violence incited purposely by D

35
Q

Bowyer 2013

A
  • demonstrates S.55(6)(a) and (b)
  • active involvement in the commission of a criminal offence stops the qualifying trigger test being satisfied
36
Q

Case demonstrating S.55(6)(a) and (b)

A

Bowyer 2013

37
Q

Active involvement in the commission of a criminal offence stops the qualifying trigger test being satisfied

A

Bowyer 2013

38
Q

There must be a fear of violence aimed specifically at D or another identified person

A

Ward 2012

39
Q

Ward 2012

A

There must be a fear of violence aimed specifically at D or another identified person

40
Q

Things done or said must be more than daily irritations

A

Zebedee 2012

41
Q

Zebedee 2012

A

Things done or said must be more than daily irritations

42
Q

Things done or said must be towards D and D must be targeted unfairly

A

Zebedee 2012

43
Q

Zebedee 2012

A
  • Things done or said must be towards D and more than daily irritations
  • D must be targeted unfairly
44
Q

Asmelash 2013

A

If D has a serious alcohol/drug problem where this problem was a part of the qualifying trigger, they could include the problem as a part of their circumstances for the purposes of the standard of self-control

45
Q

If D has a serious alcohol/drug problem where this problem was a part of the qualifying trigger, they could include the problem as a part of their circumstances for the purposes of the standard of self-control

A

Asmelash 2013

46
Q

Example of when D’s alcohol/drug problem is a part of the qualifying trigger

A

If they were being taunted about it

47
Q

In deciding whether the trigger in S.55(4) applies, a drunk D must be judged against what?

A

the objective standards of a sober person

48
Q

S.54(1)(c)

A

It must be established that a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in a similar way

49
Q

It must be established that ‘ a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way’ as D did

A

S.54(1)(c)

50
Q

S.54(3)

A

Any personal characteristics that affect D’s ability to control themselves are to be ignored when considering the standard of self-control

51
Q

Any personal characteristics which affect someone’s ability to control themselves are to be ignored when considering the actions of a ‘normal person’

A

S.54(3)

Criminal law (19 decks)

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