loss of control Flashcards
what does partial defence mean
if it is successful then it gets reduce to voluntary manslaughter
what was loss of control referred to
provocation
what was the law on provocation
where on a charge of murder there is evidence on which the jury can find the the person charged was provoked to loose his self control, the question whether the provocation was enough to make a reasonable person do as they did shall be left to be determined by the jury, the jury shall take into account everything with done and said according to the effect which, in their opinion, it would have on a reasonable person
what are three main problems with the law
sexual infidelity
fear of serious violence
loss of self control
where did the law of loss of self control come from
s55 coroners and justice act 2009
what are the three elements of loss of self control
loss of self control
qualifying trigger
person of d’s age and sex and in the circumstances would have acted on the same way
what happens in element 1
loss of control doe snot needs to be sudden, but the longer the delay, the less likely it is to be a true loss of self control
what case relates to element 1 loss of self control
R v jewell 2014
what happened in the case R v Jewell 2014 relating to loss of self control
came up with the definition of loss of self control ‘a loss of the ability to act in according with considered judgement or a less of normal powers of reasoning’
also stated there must be suffiencent evidence D loss control and did not plan the events
what are the two qualifying triggers for element 2
-fear of serious violence
-things said or done that are of and extremely grave character and give a justifiable sense of being seriously wronged
what does fear of serious violence mean trigger 1 in element 2
the D fear danger abasing themselves
what cases relate to dear of serious violence
R v Ward
R v Lodge
R v Dawes
what happened in the case R v Ward
D ears serious violence against themselves
what happened in the case R v Lodge
D fears future violence against another identified person
what happened in the case R v Dawes
cannot be used where the D encouraged the violence
how is fear of serious violence judged
subjectively- based on feeling instead of facts
what cases relate to the 2nd trigger
R v Clinton
R v Dawes
what happened in the case R v Clinton relating to the 2nd trigger
sexual infidelity cannot be used unless there are other factors to consider
what happens in the case R v Dawes relating to the 2nd trigger
breaking up with someone does not constitute circumstances of an extremely grave character
how his the second trigger judged
Objectively- considering what the person of same age and sex would have done in this circumstances
what needs to be consider for element 3
-D is compared to the reasonable person with ordinary degree of tolerance and self restraint
-all circumstance of D past will be considered
-must be considered whether a person of D’s age and sex would have acted in the same way
what case relates to element 3
R v Van Dongen
what happens in the case R v Van Dongen
if a person of D’s age and sex would not have done the same then the D has no defence
what will need to be put in the conclusion
sexual contact is not a trigger
provided a defence for abuse victims who lose control due to fear of serious violence
no access to the defence for those who act in revenge
how does sexual infidelity relate to the old law of provocation
use to be able to use it but now you cant because they believed that people where just going to use it as an excuse and was apart of why they reformed the law
murder
what is the mens rea of loss of control
same as murder
express or implied malice aforethought
