Loss of Control Flashcards
What section is LOC created under?
s54-s55
The burden of proof is on the prosecution under section..
s54(5)
Under what section must D prove that the killing was because they lost control?
s54(1)
what does s54(2) say?
the loss of control doesnt have to be sudden
Key case for s54(2)
R v Dawes
Main facts of R v Dawes
the judge pointed out that different individuals react differently in situations
The longer the time delay, the more/less likely the defence would be successful
less likely
what section is ‘considered desire for revenge’ under?
s54(4)
what 4 things will lead to an unsuccessful plea for LOC
- 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)
Name the key case for s54(4)
R v Jewell
Main facts of R v Jewell?
courts concluded there had been evidence of planning when he planned to pick up V and shot him at point black range –> defence failed
What is stated in s54(5)
The burden of proof is on the prosecution to prove that beyond all reasonable doubt D lost control , but only when D has provided sufficient evidence that a loss of control occurred
What is under s54(1)
D must prove that the killing is because they lost control
What must be shown under s54(1)(b)?
D lost self control due to a qualifying trigger
In what section are qualifying triggers contained?
s55
