Loss of Control Flashcards
What act and section number is loss of control under and what did it amend?
S.54 Coroners and Justices Act 2009
Amended - S.3 Homicide Act 1957
What 3 things are excluded as a loss of control?
- Sexual Infedelity
- Revenge
- Inciting Violence
What is the POL from R vs Christian?
It is up to the judge to put the defence forward to the jury
What case states that the defence is ‘up to the judge to put the defence forward to the jury’?
R vs Christian
What are the 3 points that a defendant has to prove to prove loss of control?
- That there was a loss of control
- There was a qualifying trigger
- The objective test
What case defines a loss of control?
R vs Jewell
What is the definition for loss of control?
‘A loss of normal powers of reasoning or the ability to act with considered judgement’
What are the 2 POL’s from R vs Dawes + Others?
- An accumulation of events can lead to a loss of control
- There can be a delay but it is up to the judge to decide if it’s appropriate
What case states that an accumulation of events can lead to a loss of control?
R vs Dawes + Others
What case states that there can be a delay but it is up to the judge to decide if it’s appropriate?
R vs Dawes + Others
What case defines revenge?
R vs Evans
What is the definition of revenge?
‘An act of retribution as a result of a deliberate and considered decision to get your own back’
What are the 2 qualifying triggers?
Fear and Anger
What are the 2 types of force?
- Anticipatory Force
- Reactive Force
What is the POL from R vs Ward (Fear)?
The victim attacked his brother, so the defendant killed him.
What is the POL from R vs Lodge (Fear)?
The victim attacked the defendant with a baseball bat, so he killed him
What 2 things do you have to prove under anger?
- Extremely grave character
- Justifiable sense of being seriously wronged
What can’t the matter be?
Trivial/Irrelevant
What is the POL from R vs Zebedee
Father soiled himself again so the defendant killed him - trivial matter
What case does this POL come from? - Father soiled himself again so the defendant killed him - trivial matter
R vs Zebedee
What is the POL from R vs Bowyer?
He had no justifiable sense of being wronged as he was the burglar
What case does this POL come from? - He had no justifiable sense of being wronged as he was the burglar
R vs Bowyer
What is the POL from R vs Brehmer?
Sexual infedelity doesn’t count but it was the fear of the affair being revealed was justifiable
What case does this POL come from? - Sexual infedelity doesn’t count but it was the fear of the affair being revealed was justifiable
R vs Brehmer
