Loss of control

Question 1

what act and section does loss of control come from

Answer 1

s54-55 CJA 2009

Question 2

2 elements

Answer 2

1) loss of self-control
2) qualifying trigger

Question 3

what case states that the loss of self control doesn’t have to be sudden but the longer the delay between qualifying trigger + reaction of D, less likely partial defence will succeed

Answer 3

Ibrams & Gregory

Question 4

in what case was the fact D unwell, sleeping badly, tired, depressed + ‘unable to think’ was insufficient to amount to loss of control

Answer 4

Jewell

Question 5

who is it up to to decide if there was a total loss of control (partial=insufficient)

Answer 5

jury

Question 6

is temper, anger/ reaction out of character sufficient

Answer 6

no

Question 7

what is the restriction for loss of self control, section and case

Answer 7

partial defence will fail if killing motivated by a ‘considered desire for revenge’ - s54(4)- Ibrams, Baille

Question 8

what section is fear trigger under

Answer 8

s55(3)

Question 9

what case states that fear trigger is when D fears serious violence from V against D or another identities person

Answer 9

Ward

Question 10

fear trigger is subjective based on… (2) cases

Answer 10

D’s genuine fear - Martin, Ahluwalia

Question 11

restriction of fear trigger with case

Answer 11

D cannot use fear of violence as a qualifying trigger if D was the one to incite violence - emphasised in Dawes

Question 12

what section does anger trigger come from

Answer 12

s55(4)

Question 13

2 elements of anger trigger

Answer 13

a) things said +/or done constituted circumstances of an extremely grave character but
b) also caused D to have a justifiable sense of being seriously wronged

Question 14

‘justifiable’ is an objective test - what does this mean

Answer 14

what did d think and did he have right to think that way? jury must conclude d was in fact seriously wronged

Question 15

in what case was things ‘said or done’ v repeatedly soiling himself - loc not allowed and did not give a justifiable sense of being wronged

Answer 15

Zebedee

Question 16

in what case had v broke up with d + he stabbed her. LOC not allowed as ending a relationship is not things said or done

Answer 16

Hatter

Question 17

in what case was v taunting d about his girlfriend not a justifiable sense of being wronged

Answer 17

Bowyer

Question 18

what is s55(5)

Answer 18

combination of s55(3) and s55(4) that caused D to act in the way he did

Question 19

what case stated that intoxication cannot be a ‘circumstance’

Answer 19

Asmelash

Question 20

what section does objective test come from

Answer 20

s54

Question 21

what does s54(1) say + 2 cases

Answer 21

courts ask if a person of d’s age, sec with a normal degree of tolerance + self restraint and in d’s circumstances would have reacted in same/ similar way - Camplin confirmed in Holley

Question 22

what does s54(3) say + 2 case examples

Answer 22

“circumstances” applies to all circumstances except those that affect d’s capacity for tolerance + self restraint - e.g. relevant if d subjected to years of abuse (Hill), but not if short tempered (Mohammed)

Question 23

2 restrictions

Answer 23

1) incitement
2) sexual infidelity

Question 24

explain restriction of incitement with 2 sections

Answer 24

D’s fear of serious violence disregarded if D incited something to be said or done to provide him with an excuse to use violence - s56(6)(a) or that caused him a sense of being seriously wronged - s55(6)(b)

Question 25

explain restriction of sexual infidelity with section and case

Answer 25

anything said or done in connection with sexual infidelity is to be disregarded- s55(6)(c). However Clinton confirms this only applies when sexual infidelity only reason for killing