Loss Of Control Flashcards
What is the case law for Loss of Control?
R V Jewell
What is the case law for fear of serious violence?
R V Ward
What is the case law for things said or done?
R V Zebedee
What is the case law for excluded matters, sexual infidelity?
R V Clinton
What is the case law for standard of self control?
R V Rejmanski
What is the case law for intoxication?
R V Asmelash
What’s the definition of LOC?
It’s a special and partial defence to murder found in s54 and 55 of the coroners and justice act 2009
What can LOC be?
A sudden snap or a slow burn reaction that is more than anger, temper or an out of character reaction
What must D fear?
Serious violence, and be able to show that their acts were due to a genuine fear whether this was reasonable or not.
What are things said or done?
Anything said or done that constitutes a grave character and causes the D a justifiable sense of being seriously wronged.
What are the excluded matters?
Sexual infidelity and revenge
What are the excluded matters?
Sexual infidelity and revenge
What is the standard of self control?
Would a person of the Ds sex and age, with a reasonable level of tolerance and self restraint have acted in a similar way and also lost control.
What are the rules for intoxication and loss of control?
VI can be considered
If a sober person would have acted in the same way as the intoxicated, then the defence maybe available
