Loss Of Control

Question 1

Where is loss of control contained

Answer 1

S54 coroners and justice act 2009

Question 2

What type of defence is LOC

Answer 2

Special defence- only for murder
Partial defence- no complete acquittal, conviction can be reduced to vol manslaughter

Question 3

What are the 3 elements of LOC, that need to be proven

Answer 3

• loss of control
• qualifying trigger
• person of Ds sex/age

Question 4

Explain the requirement of loss of control

Answer 4

D’s act or omission must have resulted form the loss of control

Question 5

What case defines LOC, and what is it defined as

Answer 5

Jewell- loss of ability to act in accordance with considered judgment/ loss of normal powers of reasoning

Question 6

what does s54(2) say about loss of control

Answer 6

Not need to be sudden

Question 7

What does s54(4) say about loss of control

Answer 7

The defence wont be available if D acted in considered desire for revenge

Question 8

Where is the qualifying triggers element contained

Answer 8

S55 coroners and justice act

Question 9

Explain the fear trigger

Answer 9

D feared violence against self/ another identified person (this is a subjective test as it doesn’t matter if it’s unreasonable)

Question 10

Explain the anger trigger

Answer 10

Things said that constitute grave character or cause the D to have the sense of being seriously wronged (this is an objective test as its concerned with the RM)

Question 11

What case is used for the anger trigger and what is said

Answer 11

R v hatter- a break up doesnt constitute grave character/sense of being seriously wronged

Question 12

What are the restrictions of qualifying triggers and what cases are used

Answer 12

• no defence where d incited v to do the thing that caused him to have fear/anger (Dawes)
• sexual infidelity isn’t a qualifying trigger alone, but it doesn’t exclude other triggers if they are present (r v Clinton)

Question 13

Explain the 3rd element of a person of Ds sex/age

Answer 13

A persons of Ds sex/age with normal level of tolerance/self restraint in the circumstance of the D, would have reacted in the same way

Question 14

What does it mean by the circumstance of the D

Answer 14

Concerned with all of Ds circumstances
If D depressed/irrational- not a circumstance of D

Question 15

What case speaks about mental disorders as a circumstance of the D

Answer 15

R v Rejimanski- mental disorder such as PTSD is not a circumstance of the D where it only affects their ability to exercise self control

Question 16

What case talks about the affects of alcohol when considering element 3 of LOC

Answer 16

R v asmelash- says jury are to disregard the effects of alcohol/drugs when considering this element