Loss Of Control

Question 1

R v Gurpinar and Kojo-smith

Answer 1

Loss of self control is the judges decision

Question 2

R v Christian

Answer 2

A Judge considers evidence before other is brought forward to the Jury

Question 3

Quote from R v Jewell

Answer 3

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

Question 4

What did R v Dawes and others say

Answer 4

Loss of control need not be sudden and so consideration the cumulative impact if earlier event (lots of things added up)

Question 5

When is LoC not a defence

Answer 5

When the defendant acted out if anger (R v Evans)

Question 6

Revenge definition

Answer 6

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

Question 7

What is a fear trigger

Answer 7

When D loses his self control due to a fear if serious violence from the victim, against either D or another identified person

Question 8

R V Ward

Answer 8

D successfully pleaded loss of control when V attacked his brother and D then killed him

Question 9

R V Lodge

Answer 9

D successfully pleaded loss of control when V (drug dealer) had attacked D with a baseball bat and D killed him

Question 10

2 fear triggers

Answer 10

Anticipatory force

Reactive force

Question 11

What is Anticipatory force

Answer 11

Where D expected violence in the future, e.g. domestic violence

Question 12

What is reactive force

Answer 12

Where D reacts to force which is imminent i.e about to happen

Question 13

What are the two anger triggers S.55(4)

Answer 13

Extremely grave character

Justifiable sense of being seriously wronged

Question 14

R V Doughty

Answer 14

Provocative nature of crying baby had to be put to jury, would not happen under new laws (grave character)

Question 15

R v Zebeedee 2012

Answer 15

POL: grave character doesnt include trivial matters

Question 16

What did Dawes and others say

Answer 16

A break up does not constitute circumstances of a grave character but each case needs to be considered on its facts

Question 17

How is a justifiable sense of being seriously wronged assesed

Answer 17

It must be judged objectively following R v Clinton 2012, confirmed by R v Dawes and others

Question 18

What did Clinton say about rape

Answer 18

The rape of a stranger would be insufficient to cause the defendant to have a sense of being seriously wronged personally

Question 19

R v Brehmer 2012

Answer 19

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

Question 20

What are the exclusions under S.55

Answer 20

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

Question 21

R v Clinton

Answer 21

D killed wife after she brags about sleeping with 5 other men. LOC defence.

Question 22

What quote comes from the appeal of Clinton by Lord Chief Justice Judge

Answer 22

“Where sexual infidelity is integral to and forms an essential part of the context, the prohibition does not operate to exclude”

Question 23

What did Dawes and others say about sexual infidelity

Answer 23

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

Question 24

R v Meanza 2017

Answer 24

D’s mental health was not relevant to objective element. Shouldve used DR defence

Question 25

R v Remjanski

Answer 25

Mental illness could be comsidered with enough evidence

Contrasts R v Meanza

Question 26

R v Amselash

Answer 26

Voluntary intoxication was not a circumstance that could be considered. Irrelevant for purposes of loss of control