Loss of control Flashcards
what section is loss of control under
S.54 coroners and justice act 2009, under s.3 homocide act 1957
what three things qualify to loss of control
-subjective, loss of control
-qualifying trigger
-objective, same characteristics
what section is revenge under
s.55
R v Gurpinar and Koji-smith
judges decision on what is considered loss of control
R v Christian
jury should not decide if the stabbing is loss of control, reaction was extreme not rational
what does loss of self control mean
loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning
what is cumulative impact
multiple small things accumulate to the final action
R v Dawes and others
defence can be used where there has been a delay between trigger incident and murder
why is the defence not available sometimes
if the act is considered as a desire for revenge
what is the definition of revenge
an act of retribution as a result of deliberate and considered decision to get their own back.
what two triggers are not allowed together to create a defence
sexual infidelity and revenge do not amount to a defence together
what are the two types of qualifying trigger
fear and anger
what section is the fear trigger under and what is it
s55 (3) where the defendant loses control due to fear of serious violence
R v Ward
d successfully pleaded loss of control when V attacked his brother and the defendant killed him
what two scenarious does the fear trigger cover
anticipatory force and reactive force
