Loss Of Control Flashcards
What is the case lying out the definition for LOC
R v Jewell- lost or snapped
What is the first element s54 1(a)
-Loss of control- doesn’t need to be sudden s4(2)
-must not be for revenge s54(4)
-allow slow burn defence
r v Aluwhalia
Doesn’t need to be sudden
r v ibrams and Gregory
Revenge was shown and isn’t LOC
R v ballie
Although there was a time lapse, no time to cool down
What is the 2nd element s54 1(b)
Qualifying trigger
What is the fear trigger s53 (3)
Subjective test- d’s fear of violence needs to be genuine not reasonable
What is the anger trigger
A) constituted circumstances of extremely grave character
B) caused d to have a sense of being wronged
r v hatter
Break up of a relationship doesn’t constitute circumstances of extremely grace character
R v bowyer
Must be wronged/ couldn’t claim to be wronged
R v Clinton
Infidelity can’t be a trigger by itself
What is the 3rd element s54 1 (c)
reasonable person acting the same way
Coroners and justice act 2009
Defines that a reasonable person would of acted the same way
R v asmelash
Intoxication isn’t a characteristic
What act is LOC under
Coroners and justice act 2009
