loss of control Flashcards
loss of control
s54 of the coroners and justice act
definition
In r v jewell, Lord rafferty says it is ‘a loss of ability to act with considered judgement or normal powers of reasoning’
r v gurpinar
loc can only be put to the jury when there is sufficient evidence.
r v ahluwalia
need not be sudden
r v dawes
jury can take the ‘cumulative impact’ of events into account, can be a build up of events.
fear trigger
s55(3)
d has a serious fear of serious violence from v against d or an identified person.
subjective test
it only concerns what was in d’s mind at the time. fear doesn’t have to be reasonable, as long as it is genuine.
r v clegg
unsuccessfully argued self denfence. would’ve been able to argue loc if it was in place at the time, as he had feared.
anger trigger s55(4)