Loss of control Flashcards
acts
s.3 Homicide act 1957 amended by s.54 Coroners and justice act 2009
3 factors
Loss of control
Qualifying trigger - fear and anger
Reasonable person with a normal degree of tolerance would act the same way
Exclusions
under s. 55 revenge, provoking someone and sexual infidelity excluded
R v Gurpinar and Kojo Smith
up to the judge to decide what is put to the jury
old common law cases now irrelevant
R v Christian
judge should consider sufficient evidence to decide what is put to the jury
R v Jewell
“Loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning”
R v Dawes and Others
Can be accumulation
Can be trigger - judge decided if qualifies
R v Evans
‘Act of retribution as a result of a deliberate attempt to get your own back’
Fear trigger
R v ward
R v lodge
Anticipatory and reactive force
R v ward
Can fear for someone else
R v Lodge
Been attacked
Anger trigger
Grave character
Justifiable sense of being seriously wronged
Grave character
R v Doughty
R v Zebedee
Dawes and others
Not trivial
R v Doughty
Judge can decided
Not trivial
Crying baby
R v Zebedee
Not trivial - soiled himself
Dawes and others
Break up of relationship alone not trigger
Justifiable sense of being seriously wronged
objective
R v Clinton
R v bowyer
R v Brehmer
JSBSW R v Clinton
‘Justifiable’ must be judged objectively
Personally wronged e.g seeing someone you know being raped v stranger
R v Bowyer
Can’t be wronged if you’re at fault e.g burglar
R v Brehmer
Fear of sexual infidelity being revealed
Exclusions under s.55 (6)
If fear self-induced
Sexual infidelity my be considered with another qualifying trigger
R v Clinton
Sexual infidelity + trigger
R v meanza
Mental illness not relevant
DR
R v rejmanksi
Mental illness can be considered with sufficient evidence
R v Asmelash
Voluntary intoxication irrelevant
