Loss Of Control Flashcards
Loss of control act
S.54 Coroners and justices act 2009
Loss of control points (3)
-Loss of control
-qualifying trigger
-normal person test
R V Gurpinar & Kojo-Smith
Defence decided by the judge not the jury
R V Christian
Reaction compared to qualifying trigger so extreme that jury could not say it was rational
R V Jewell
Loss of self control “a loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”
R V Dawes and others (2)
-Delay subjectivity means defence is not always available
-break ups cannot constitute grave character
R V Evans
Revenge defined as “an act of retribution as a result of a deliberate and considered decision to get your own back”
Qualifying trigger (2)
-fear trigger
-anger trigger
Fear trigger s.55
Fear of serious harm from the victim either against oneself or another
R V Ward
V attacked Ds brother so D killed v
R V Lodge
D Was attacked by V with a baseball bat, D killed V
Fear trigger situations (2)
-anticipatory force
-reactive force
The Anger trigger s.55 (things done or said which…) (2)
-constituted circumstances of extremely grave character
-Caused D to have a justifyable sense of being seriously wronged
R V Doughty
If the trigger is trivial defence not available
R V zebedee
If trigger is trivial defence cannot be used
R V Clinton (4)
-Test for justifiable sense of being seriously wronged now objective
-witnessing the rape of another not justifyable to give defendant a sense of serious wrong
-sexual infidelity in addition to another trigger still allowed
-sexual infidelity of V considered if it is a relevant factor
R V Bowyer
No justification for feeling seriously wronged as he was the burglar
R V Brehmer
Sexual infidelity disregarded, however the fear of the affair being revealed was the cause
Loss of control exclusions (2)
-If the fear of serious violence was an excuse for violence or self induced
-sexual infidelity to be disregarded, however other facts of a case may constitute the qualifying trigger
Normal person test quote
Comparable person must have a ‘normal degree of tolerance and self restraint’
R V Meanza
Where the defendant is abnormal diminshed responsibility should be used not loss of control
R V Rejmanski
Contrasts R V Meanza, says if there is enough evidence mental illness can be considered
R V Asmelash
Voluntary intoxication will not be considered
