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
What is the POL from R vs Clinton?
Where sexual infedelity forms an essential part of the context of the case it is not excluded
What case does this POL come from? - Where sexual infedelity forms an essential part of the context of the case it is not excluded
R vs Clinton
What is the objective test?
Where it is tested if a comparable person of the same sex and age and of a normal degree of tolerance would act in the same way as the defendant
What should be ignored in the objective test?
Any characteristics relating to the defendants capacity to exercise self-control
What is the POL from R vs Meanza?
The defendants mental illness was not relevant to the objective element
What case does this POL come from? - The defendants mental illness was not relevant to the objective element
R vs Meanza
What is the POL from R vs Asmelash?
Voluntary intoxication is irrelevant for loss of control
What case does this POL come from? - Voluntary intoxication is irrelevant for loss of control
R vs Asmelash
