Loss Of Control Flashcards
LOC s54(1)(b)
the defendant must lose control, it is not relevant weather the loss of control was sudden or not but control must have been lost
LOC s55
there must be a qualifying trigger, this can be in the form of the “fear trigger” where the d genuinely feared that the v would use serious violence , whether or not that fear was reasonable. Alternatively this can be something done and/or said by the v that constituted circumstances of an extremely grave character and caused the d to have a justified sense of being wronged. anger trigger
loss of control
defence not offence so no mr or ar, partial defence to murder reducing the charge to that of voluntary manslaughter. S54 of the coroners and justice act 2009
s54(1)(c)
this section requires that a person of the d’s age and sex, with a normal degree of tolerance and self restraint and in the circumstances of the defendant. might have reacted in the same or similar way. this is a question for the jury to decide.
r v jewell LOC s54(1)(b)
loss of control is considered to mean the loss of an ability to act in accordance with considered judgment or a loss of normal powers of reasoning.
r v hatter LOC s55
the breakdown of a relationship is not (by itself) sufficient
r v bowyer LOC s55
D had no justifiable sense of feeling wronged since he was committing a burglary at the time of the offence
r Clinton LOC s55
sexual infidelity can add do a defence where there exist other qualifying triggers.
r v Dawes s55
Qualifying triggers under s55 still apply despite the D’s bad behaviour, unless his actions were intended to be used as an excuse or opportunity to use violence.
r v asmelash LOC
d cannot rely on on loc due to self administered drugs or alcohol impaired his normal judgment.
r v rejmanski LOC
in principle PTSD could justify LOC
