Loss Of Control Flashcards
R v Gurpinar and Kojo-smith
Loss of self control is the judges decision
R v Christian
A Judge considers evidence before other is brought forward to the Jury
Quote from R v Jewell
“A loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”
What did R v Dawes and others say
Loss of control need not be sudden and so consideration the cumulative impact if earlier event (lots of things added up)
When is LoC not a defence
When the defendant acted out if anger (R v Evans)
Revenge definition
An act of retribution as a result of a deliberate and considered decision to get your own back
What is a fear trigger
When D loses his self control due to a fear if serious violence from the victim, against either D or another identified person
R V Ward
D successfully pleaded loss of control when V attacked his brother and D then killed him
R V Lodge
D successfully pleaded loss of control when V (drug dealer) had attacked D with a baseball bat and D killed him
2 fear triggers
Anticipatory force
Reactive force
What is Anticipatory force
Where D expected violence in the future, e.g. domestic violence
What is reactive force
Where D reacts to force which is imminent i.e about to happen
What are the two anger triggers S.55(4)
Extremely grave character
Justifiable sense of being seriously wronged
R V Doughty
Provocative nature of crying baby had to be put to jury, would not happen under new laws (grave character)
R v Zebeedee 2012
POL: grave character doesnt include trivial matters
What did Dawes and others say
A break up does not constitute circumstances of a grave character but each case needs to be considered on its facts
How is a justifiable sense of being seriously wronged assesed
It must be judged objectively following R v Clinton 2012, confirmed by R v Dawes and others
What did Clinton say about rape
The rape of a stranger would be insufficient to cause the defendant to have a sense of being seriously wronged personally
R v Brehmer 2012
Sexual infidelity was disregarded, but jury found it was the fear of the affair being revealed that was the cause and the justifiable sense of being wronged
What are the exclusions under S.55
If fear is self induced then it must be ignored
Sexual infidelity should be disregarded. However, D may still be able to establish defence e.g. where D kills her husband because he raped her sister
R v Clinton
D killed wife after she brags about sleeping with 5 other men. LOC defence.
What quote comes from the appeal of Clinton by Lord Chief Justice Judge
“Where sexual infidelity is integral to and forms an essential part of the context, the prohibition does not operate to exclude”
What did Dawes and others say about sexual infidelity
A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way to D. Intoxication must be ignored here
R v Meanza 2017
D’s mental health was not relevant to objective element. Shouldve used DR defence
R v Remjanski
Mental illness could be comsidered with enough evidence
Contrasts R v Meanza
R v Amselash
Voluntary intoxication was not a circumstance that could be considered. Irrelevant for purposes of loss of control
