loss of control

Question 1

definition of LOC

Answer 1

Ds act or omission in killing V resulted from a loss of control which had a qualifying trigger and a person of the same age and sex, with a normal degree of tolerance and self restraint, might have acted in the same way

Question 2

what is the first part of LOC

Answer 2

there must be a loss of control s54(2)

Question 3

does LOC need to be sudden

Answer 3

no, the jury can take delay into account

Question 4

what does the case of baille say(step 1)

Answer 4

LOC won’t count if D is acting in revenge

Question 5

what does r v Clinton, Parker state (step 1)

Answer 5

there must be sufficient evidence to leave the issue with the jury

Question 6

what does r v jewell state (step 1)

Answer 6

D isn’t in control if they have lost the ability to act with considered judgement or reasoning

Question 7

what does r v alluhwalia state (step 1)

Answer 7

2 hour delay was sufficient enough for D not to have calmed down

Question 8

what is the second step of LOC

Answer 8

there must be a qualifying trigger

Question 9

what are the qualifying triggers

Answer 9

1. fear s55(3)
2. anger s55(4)
3. combination s55(5)

Question 10

what is fear trigger (step 2)

Answer 10

D fears serious violence
test is subjective, as Long as D fear of violence is genuine, doesn’t need to be reasonable

Question 11

what is the anger trigger (step 2)

Answer 11

things said or done
1. constituted circumstances of an extremely gave character and
2. this caused D to have a justifiable sense of being seriously wronged
test is objective, jury decides if reasonable man would’ve felt seriously wronged

Question 12

what is the combination trigger (step 2)

Answer 12

can be a combination of the fear and anger trigger

Question 13

when is the qualifying trigger not applicable s55(6)

Answer 13

1. infidelity alone, isn’t enough for the anger trigger
2. triggers can’t be used if D incites situation and uses it as an excuse violence

Question 14

what is the objective test s54(1)(c)

Answer 14

the jury will decide whether a person of the Ds same age and sex, with normal degree of tolerance and self restraint, would’ve acted in the same way if in the same circumstance as D

Question 15

what circumstances are included in the objective test

Answer 15

1. unemployment, epilepsy, depression (gregson)
2. discovering infidelity (Clinton)
3. sexual abusesuffered as a child (hill)

Question 16

what circumstances aren’t included in the objective test

Answer 16

1. intoxication (asmelash)
2. bad temper/ anger issues (mohammed)

Question 17

what is the conclusion of LOC

Answer 17

succeeds= Ds murder charges will be dropped to voluntarily manslaughter
fail= D will be charged with murder