Loss Of Control

Question 1

Loss of control act

Answer 1

S.54 Coroners and justices act 2009

Question 2

Loss of control points (3)

Answer 2

-Loss of control
-qualifying trigger
-normal person test

Question 3

R V Gurpinar & Kojo-Smith

Answer 3

Defence decided by the judge not the jury

Question 4

R V Christian

Answer 4

Reaction compared to qualifying trigger so extreme that jury could not say it was rational

Question 5

R V Jewell

Answer 5

Loss of self control “a loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”

Question 6

R V Dawes and others (2)

Answer 6

-Delay subjectivity means defence is not always available
-break ups cannot constitute grave character

Question 7

R V Evans

Answer 7

Revenge defined as “an act of retribution as a result of a deliberate and considered decision to get your own back”

Question 8

Qualifying trigger (2)

Answer 8

-fear trigger
-anger trigger

Question 9

Fear trigger s.55

Answer 9

Fear of serious harm from the victim either against oneself or another

Question 10

R V Ward

Answer 10

V attacked Ds brother so D killed v

Question 11

R V Lodge

Answer 11

D Was attacked by V with a baseball bat, D killed V

Question 12

Fear trigger situations (2)

Answer 12

-anticipatory force
-reactive force

Question 13

The Anger trigger s.55 (things done or said which…) (2)

Answer 13

-constituted circumstances of extremely grave character
-Caused D to have a justifyable sense of being seriously wronged

Question 14

R V Doughty

Answer 14

If the trigger is trivial defence not available

Question 15

R V zebedee

Answer 15

If trigger is trivial defence cannot be used

Question 16

R V Clinton (4)

Answer 16

-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

Question 17

R V Bowyer

Answer 17

No justification for feeling seriously wronged as he was the burglar

Question 18

R V Brehmer

Answer 18

Sexual infidelity disregarded, however the fear of the affair being revealed was the cause

Question 19

Loss of control exclusions (2)

Answer 19

-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

Question 20

Normal person test quote

Answer 20

Comparable person must have a ‘normal degree of tolerance and self restraint’

Question 21

R V Meanza

Answer 21

Where the defendant is abnormal diminshed responsibility should be used not loss of control

Question 22

R V Rejmanski

Answer 22

Contrasts R V Meanza, says if there is enough evidence mental illness can be considered

Question 23

R V Asmelash

Answer 23

Voluntary intoxication will not be considered