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)
What is the point of law in R v Ward?
Someone attacking another can justify your own fear
Facts from R v Ward?
V attacked brother D killed him
Point of law in R v Lodge?
When you are attacked you fear for yourself
Facts from R v Lodge?
V attacked D with baseball bat D killed V
What are the two types of force?
Anticipatory force - expect violence
Reactive force - react to imminent force
What is another term for the anger trigger S.55(4)
“Things said and done”
What justifies the anger trigger?
Grave character (non-trivial)
R v Doughty?
Judge can decide what is allowable and what isn’t - baby crying isn’t of grave character
What is an example of a trivial matter that was not of grave character?
R v Zebedee - killed father for incontinence/deficating
What case states that a cases facts need to be considered when deciding grave character?
R v Dawes & others
What is an example of grave character given by the law commission?
A parent coming home and seeing their child being raped
What does R v Clinton say about a justifiable sense of being seriously wronged?
Witnessing the rape of a stranger not personal enough needs to be relative
What case confirms a justifiable sense of being seriously wronged?
R v Dawes & others
What is the point of law from R v Bowyer?
No justifiable sense of being seriously wronged if he himself was the burglar
What is the point of law in R v Brehmer?
Sexual infidelity disregarded - jury found fear of affair being revealed was justifiable
What section contains the exclusions?
S.55(6)
What are the two exclusions from the fear factor?
If the fear is self induced
If it constituted sexual infidelity it is to be disregarded
What does R v Clinton state about sexual infidelity?
Can consider sexual infidelity if their is another qualifying trigger
“Where sexual infidelity is integral to and forms an essential part of the context, the prohibition does not operate to exclude”
What is the third section in loss of control?
A person of the same sex age with normal degree of tolerance and self-restrain would react the same in the circumstances
What does R v Meanza say?
If have a mental illness use diminished responsibility
What does R v Rejmanski say?
Mental illness can be considered if enough evidence
Can sexual infidelity be considered if it’s a relevant factor?
Yes site R v Clinton
What does R v Asmelash say?
Voluntary intoxication not considered use intoxication defense
