loss of control

Question 1

what does partial defence mean

Answer 1

if it is successful then it gets reduce to voluntary manslaughter

Question 2

what was loss of control referred to

Answer 2

provocation

Question 3

what was the law on provocation

Answer 3

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

Question 4

what are three main problems with the law

Answer 4

sexual infidelity
fear of serious violence
loss of self control

Question 5

where did the law of loss of self control come from

Answer 5

s55 coroners and justice act 2009

Question 6

what are the three elements of loss of self control

Answer 6

loss of self control
qualifying trigger
person of d’s age and sex and in the circumstances would have acted on the same way

Question 7

what happens in element 1

Answer 7

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

Question 8

what case relates to element 1 loss of self control

Answer 8

R v jewell 2014

Question 9

what happened in the case R v Jewell 2014 relating to loss of self control

Answer 9

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

Question 10

what are the two qualifying triggers for element 2

Answer 10

-fear of serious violence
-things said or done that are of and extremely grave character and give a justifiable sense of being seriously wronged

Question 11

what does fear of serious violence mean

Answer 11

the D fear danger abasing themselves

Question 12

what cases relate to dear of serious violence

Answer 12

R v Ward
R v Lodge
R v Dawes

Question 13

what happened in the case R v Ward

Answer 13

D ears serious violence against themselves

Question 14

what happened in the case R v Lodge

Answer 14

D fears future violence against another identified person

Question 15

what happened in the case R v Dawes

Answer 15

cannot be used where the D encouraged the violence

Question 16

how is fear of serious violence judged

Answer 16

subjectively- based on feeling instead of facts

Question 17

what cases relate to the 2nd trigger

Answer 17

R v Clinton
R v Dawes

Question 18

what happened in the case R v Clinton relating to the 2nd trigger

Answer 18

sexual infidelity cannot be used unless there are other factors to consider

Question 19

what happens in the case R v Dawes relating to the 2nd trigger

Answer 19

breaking up with someone does not constitute circumstances of an extremely grave character

Question 20

how his the second trigger judged

Answer 20

Objectively- considering what the person of same age and sex would have done in this circumstances

Question 21

what needs to be consider for element 3

Answer 21

-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

Question 22

what case relates to element 3

Answer 22

R v Van Dongen

Question 23

what happens in the case R v Van Dongen

Answer 23

if a person of D’s age and sex would not have done the same then the D has no defence

Question 24

what will need to be put in the conclusion

Answer 24

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