Loss Of Control Flashcards
What section, Act and year is loss of control judged under?
S.54 Coroners and Justice Act 2009
What are the three points that must be established to use loss of control ?
Loss of control
Must be a qualifying trigger
Similar person would have reacted in a similar way
What are the three reasons in S.55 that prevent the defence from being used?
Revenge
Provocation
Sexual infidelity
Who decides if the defence of loss of control is put to the jury?
The judge
What case confirms that the judge decides if loss of control can be used?
R v Gurpinor & Kojo-Smith
Point of law from R v Christian?
Reaction so extreme could not say it was rational - stabbed 2 over shower temp
What is the first point when proving loss of control?
The loss of self control
What is the quote from R v Jewell?
Loss of “considered judgment or a loss of normal powers of reasoning”
Facts from R v Jewell?
D drove to J’s house and shot him without warning
What case says there can be a delay and cumulative impacts with loss of control?
R V Dawes and others
Who decides if the delay is too long in loss of control?
The Judge
Is loss of control available if D acted out of revenge?
No
What do R v Evan’s and R v Clinton state about revenge?
(Quote)
“Deliberate and considered judgment to get your own back”
What is the second main point when proving loss of control?
Qualifying trigger
What are the two types of qualifying trigger (including sections)?
Fear S.55(3)
Anger S.55(4)