Loss Of Control

Question 1

R v Dawes

Answer 1

CoA confirmed that ‘provided there was a loss of control it doesn’t matter whether the loss was sudden or not.’

Question 2

R v Jewell

Answer 2

Summarises LOC as ‘a loss of ability to act in accordance with considered judgment or loss of normal powers of reasoning.’

Question 3

R v Ward

Answer 3

D successfully pleaded LOC after killing a victim who physically attacked his brother at a party.

Question 4

R v Clinton

Answer 4

The COA stated sexual infidelity didn’t have to be completely disregarded.

Question 5

R v Gregson

Answer 5

The fact that D was employed, had epilepsy and depression were circumstances which couldn’t have been taken into consideration because the taunts related to these but the fact that he did not have a normal degree of self restraint because he had epilepsy and depression couldn’t be taken into consideration.