Loss of Control

Question 1

What section is LOC created under?

Answer 1

s54-s55

Question 2

The burden of proof is on the prosecution under section..

Answer 2

s54(5)

Question 3

Under what section must D prove that the killing was because they lost control?

Answer 3

s54(1)

Question 4

what does s54(2) say?

Answer 4

the loss of control doesnt have to be sudden

Question 5

Key case for s54(2)

Answer 5

R v Dawes

Question 6

What was pointed out in R v Dawes

Answer 6

the judge pointed out that different individuals react differently in situations

Question 7

The longer the time delay, the more/less likely the defence would be successful

Answer 7

less likely

Question 8

what section is ‘considered desire for revenge’ under?

Answer 8

s54(4)

Question 9

what 4 things will lead to an unsuccessful plea for LOC

Answer 9

• considered desire for revenge
• things said & done by V arent of an extremely grave character
• D incited something to provoke him with an excuse to use violence
• sexual infidelity (if the only trigger)

Question 10

Name the key case for s54(4)

Answer 10

R v Jewell

Question 11

Main facts of R v Jewell for s54(4)

Answer 11

courts concluded there had been evidence of planning when he planned to pick up V and shot him at point black range. Therefore the defence failed

Question 12

s54(?): The ____ of proof is on the ____ to prove that ____ all _____ ___ D lost control, but only when D has provided ____ ____ that a loss of control ____

Answer 12

s54(5)
burden
prosecution beyond
reasonable doubt
sufficient evidence
occurred

Question 13

What is under s54(1)

Answer 13

D must prove that the killing is because they lost control

Question 14

What must be shown under s54(1)(b)?

Answer 14

D lost self control due to a qualifying trigger

Question 15

In what section are qualifying triggers contained?

Answer 15

s55

Question 16

What is under s54(4)?

Answer 16

where there is a ‘considered desire for revenge, plea for LOC will be unsuccessful

Question 17

what QT section is fear of serious violence against D or another identifiable person is under

Answer 17

s55(3)

Question 18

2 cases for fear of serious violence

Answer 18

R v Ward
R v Lodge

Question 19

what type of test is used for qualifying triggers

Answer 19

subjective test

Question 20

s55(4): ____ ____/done which ____ ____ of an extremely ____ ____ and cause D to have a ____ sense of being ____ wronged

Answer 20

things said
constitute circumstances
grave character
justifiable
seriously

Question 21

What case shows D has to provide sufficient evidence that LOC occurred?

Answer 21

R v Jewell

Question 22

What are the 3 qualifying triggers

Answer 22

fear of serious violence (from V against D or another identified person)

things said/done which constitute to circumstances of an extremely grave character & causes D to have justifiable send of being seriously wronged

a combination of both

Question 23

When deciding whether D has LOC, u need to considers D’s ____. ____ did they lose control? NOT ___.

Answer 23

actions
HOW
NOT WHY.

Question 24

examples of fear of serious violence ? what kind of violence

Answer 24

GBH, rape, murder

Question 25

what does it mean if the test for fear of serious violence is subjective?

Answer 25

LOC was because of GENUINE fear. doenst matter if fear may have been unreasonable as long as it’s genuine

Question 26

“against another identified person” means what for s55(3)?

Answer 26

fear of serious violence against a FAMILY member, not people generally

Question 27

main facts of R v Ward

Answer 27

V physically attached D’s brother - D didn’t fear serious violence personally but because he feared V would use violence on family, plea was successful

Question 28

Main facts R v Lodge

Answer 28

plea was successful on the basis that he has lost his self control & killed V after V attacked him with a bat

Question 29

R v Zebedee main facts

Answer 29

D lost control when 94 year old father who suffered from Alzheimer’s and was doubly incontinent, soiled himself - D killed him, still liable for murder

Question 30

R v Bowyer main facts

Answer 30

D had no justifiable sense of being wronged as he was committing a burglary at the time

Question 31

what does s556(a)&/(b) say about fear do serious violence ? Main case that’s similar?

Answer 31

FOSV is to be disregarded if D incited something to be done/said to provide him and excuse to use violence

R v Dawes 2013

Question 32

What was said in R v Dawes 2013

Answer 32

Lord Judge LC said the defence is barred where D’s actions were intended to provide him excuse/opportunity to use violence

Question 33

what section is “anything said/done in connection with sexual infidelity is to be disregarded” under?

Answer 33

s55(6)(c)

Question 34

name the case for sexual infidelity and what was concluded

Answer 34

R v Clinton
Lord Judge concluded that if the sexual infidelity is the only trigger then it should be disregarded as a qualifying trigger. If it’s not the only trigger it can be taken into consideration under the QT as its integral to the facts & form part of the context

Question 35

under s5_(1)(?) it must be shown that a person of D’s own ___ and ____ with a normal degree of ___ and self restraint and in __ _____ might have reacted in the same or similar way. This is an ___ test and will be determined by the __

Answer 35

s54(1)(c)
age
sex
tolerance
D’s circumstances
objective
jury