loss of control Flashcards
what is loss of control?
the mens rea of the defendant has been influenced by fear or an abnormality of mental functioning.
what is a causal link?
there must be a link between the actus reus and the result.
what will the defendant be charged with if the D has the actus reus and mens rea?
manslaughter.
what are the three partial defences to murder?
-loss of control
-diminished responsibility
-killing in pursuance of (following) a suicide pact.
what type of defence is a loss of control?
partial.
what was loss of control called before the introduction of the Coroners and Justice Act 2009
provocation.
what section was provocation defined under?
s3 of the homicide act 1967
what was the test used for provocation?
a subjective test - was the actual defendant provoked enough to lose self-control.
an objective test - would the reasonable person have been provoked enough to lose control and do as the defendant did.
loss of control must be ‘sudden and temporary’ came from what case
R v Duffy (1949)
DPP v Camplin (1978)
some characteristics of the accused can be attributed to the reasonable person.
criticism of the law of provocation?
- the law relating to provocation became unclear and was criticized as it had a very wide meaning.
- also claimed that anger was given a higher status than other emotions such as fear.
R v Ahluwalia (1992)
provocation had to be sudden and temporary and did not allow for so called ‘slow burn’ cases where a person reacts, not to any particular at or incident, but acts in desperation after cumulative years of abuse. the law was changed in 2009.
what is burden of proof?
if the jury finds sufficient evidence, they must assume that the defence is satisfied unless the prosecution provides beyond reasonable doubt to the contrary.
