Loss of control Flashcards
criminal law paper 1
What is the effect of D establishing a partial defence to murder?
If the defendant successfully establishes a partial defence to murder, the charge is reduced to voluntary manslaughter, which allows the court to impose a discretionary sentence.
How was loss of control defined in R v Jewell?
Loss of control was defined as a loss of the ability to act with considered judgment or normal powers of reasoning.
What does the case of Dawes confirm about loss of control?
The case confirms that loss of control does not need to be sudden, and a delay between the triggering event and the killing does not necessarily prevent the defence.
The fear trigger requires a subjective test to be met. What is a subjective test?
A subjective test focuses on whether the defendant genuinely feared serious violence, regardless of whether this fear was reasonable.
What were not “extremely grave circumstances” in R v Bowyer?
In R v Bowyer, the victim insulting the defendant and revealing the defendant’s girlfriend was a prostitute did not constitute “extremely grave circumstances.”
Why is the test for the anger trigger objective?
The test is objective to ensure that the defendant’s reaction is measured against the standards of a reasonable person with normal self-control, providing consistency and fairness.
What cannot be taken into account by itself for the anger trigger? How has A-G for Jersey v Holley modified this?
The defendant’s personal characteristics, such as a short temper, cannot be taken into account by itself. A-G for Jersey v Holley confirmed that only age and gender of the defendant should be considered when assessing the reasonableness of their reaction.
What is the other restriction on using either the fear or anger trigger?
The trigger cannot be used if the defendant incited the violence or situation as an excuse to use violence themselves.
For the final objective test, what cannot be taken into account?
Factors such as the defendant’s specific personality traits, such as bad temper, are excluded from consideration under the objective test.
How can the law on loss of control now be said to give more protection to battered women?
The law no longer requires the loss of control to be sudden, which allows battered women to rely on the defence in cases where their response is delayed due to fear or coercion.
