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Law Paper 1 - ELS + Criminal Law > Loss of Control > Flashcards

Loss of Control Flashcards

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1
Q

What act and section number is loss of control under and what did it amend?

A

S.54 Coroners and Justices Act 2009
Amended - S.3 Homicide Act 1957

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2
Q

What 3 things are excluded as a loss of control?

A
  1. Sexual Infedelity
  2. Revenge
  3. Inciting Violence
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3
Q

What is the POL from R vs Christian?

A

It is up to the judge to put the defence forward to the jury

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4
Q

What case states that the defence is ‘up to the judge to put the defence forward to the jury’?

A

R vs Christian

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5
Q

What are the 3 points that a defendant has to prove to prove loss of control?

A
  1. That there was a loss of control
  2. There was a qualifying trigger
  3. The objective test
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6
Q

What case defines a loss of control?

A

R vs Jewell

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7
Q

What is the definition for loss of control?

A

‘A loss of normal powers of reasoning or the ability to act with considered judgement’

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8
Q

What are the 2 POL’s from R vs Dawes + Others?

A
  1. An accumulation of events can lead to a loss of control
  2. There can be a delay but it is up to the judge to decide if it’s appropriate
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9
Q

What case states that an accumulation of events can lead to a loss of control?

A

R vs Dawes + Others

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10
Q

What case states that there can be a delay but it is up to the judge to decide if it’s appropriate?

A

R vs Dawes + Others

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11
Q

What case defines revenge?

A

R vs Evans

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12
Q

What is the definition of revenge?

A

‘An act of retribution as a result of a deliberate and considered decision to get your own back’

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13
Q

What are the 2 qualifying triggers?

A

Fear and Anger

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14
Q

What are the 2 types of force?

A
  1. Anticipatory Force
  2. Reactive Force
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15
Q

What is the POL from R vs Ward (Fear)?

A

The victim attacked his brother, so the defendant killed him.

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16
Q

What is the POL from R vs Lodge (Fear)?

A

The victim attacked the defendant with a baseball bat, so he killed him

17
Q

What 2 things do you have to prove under anger?

A
  1. Extremely grave character
  2. Justifiable sense of being seriously wronged
18
Q

What can’t the matter be?

A

Trivial/Irrelevant

19
Q

What is the POL from R vs Zebedee

A

Father soiled himself again so the defendant killed him - trivial matter

20
Q

What case does this POL come from? - Father soiled himself again so the defendant killed him - trivial matter

A

R vs Zebedee

21
Q

What is the POL from R vs Bowyer?

A

He had no justifiable sense of being wronged as he was the burglar

22
Q

What case does this POL come from? - He had no justifiable sense of being wronged as he was the burglar

A

R vs Bowyer

23
Q

What is the POL from R vs Brehmer?

A

Sexual infedelity doesn’t count but it was the fear of the affair being revealed was justifiable

24
Q

What case does this POL come from? - Sexual infedelity doesn’t count but it was the fear of the affair being revealed was justifiable

A

R vs Brehmer

25
Q

What is the POL from R vs Clinton?

A

Where sexual infedelity forms an essential part of the context of the case it is not excluded

26
Q

What case does this POL come from? - Where sexual infedelity forms an essential part of the context of the case it is not excluded

A

R vs Clinton

27
Q

What is the objective test?

A

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

28
Q

What should be ignored in the objective test?

A

Any characteristics relating to the defendants capacity to exercise self-control

29
Q

What is the POL from R vs Meanza?

A

The defendants mental illness was not relevant to the objective element

30
Q

What case does this POL come from? - The defendants mental illness was not relevant to the objective element

A

R vs Meanza

31
Q

What is the POL from R vs Asmelash?

A

Voluntary intoxication is irrelevant for loss of control

32
Q

What case does this POL come from? - Voluntary intoxication is irrelevant for loss of control

A

R vs Asmelash

Law Paper 1 - ELS + Criminal Law (14 decks)

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