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
What was pointed out in 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 for s54(4)
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
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 ____
s54(5)
burden
prosecution beyond
reasonable doubt
sufficient evidence
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
What is under s54(4)?
where there is a ‘considered desire for revenge, plea for LOC will be unsuccessful
what QT section is fear of serious violence against D or another identifiable person is under
s55(3)
2 cases for fear of serious violence
R v Ward
R v Lodge
what type of test is used for qualifying triggers
subjective test
s55(4): ____ ____/done which ____ ____ of an extremely ____ ____ and cause D to have a ____ sense of being ____ wronged
things said
constitute circumstances
grave character
justifiable
seriously
What case shows D has to provide sufficient evidence that LOC occurred?
R v Jewell
What are the 3 qualifying triggers
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
When deciding whether D has LOC, u need to considers D’s ____. ____ did they lose control? NOT ___.
actions
HOW
NOT WHY.
examples of fear of serious violence ? what kind of violence
GBH, rape, murder
what does it mean if the test for fear of serious violence is subjective?
LOC was because of GENUINE fear. doenst matter if fear may have been unreasonable as long as it’s genuine
“against another identified person” means what for s55(3)?
fear of serious violence against a FAMILY member, not people generally
main facts of R v Ward
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
Main facts R v Lodge
plea was successful on the basis that he has lost his self control & killed V after V attacked him with a bat
R v Zebedee main facts
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
R v Bowyer main facts
D had no justifiable sense of being wronged as he was committing a burglary at the time
what does s556(a)&/(b) say about fear do serious violence ? Main case that’s similar?
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
What was said in R v Dawes 2013
Lord Judge LC said the defence is barred where D’s actions were intended to provide him excuse/opportunity to use violence
what section is “anything said/done in connection with sexual infidelity is to be disregarded” under?
s55(6)(c)
name the case for sexual infidelity and what was concluded
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
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 __
s54(1)(c)
age
sex
tolerance
D’s circumstances
objective
jury
