Loss of Control Flashcards
What act is loss of control set under?
s.54 Coroners & Justice Act 2009
What will LoC reduce the charge of murder to ?
voluntary manslaughter
What 3 things must a D prove for LoC?
- lost all self control
- caused by a qualifying trigger
- person of Ds sex & age with normal tolerance & self-restraint would act same way
what does s.54(1)(a) say about losing all self control?
Ds actions must have resulted from a loss of self-control
As there is no definition of LoC how may we describe it ?
more than getting angry or losing temper
What did R V Jewel say ?
D must lose all ability to control themselves, so angry & upset go into a ‘blind rage’ and unable to stop
What does s.54(2) say about LoC & case ?
That the time between the QT and d losing control need not be sudden (Dawes)
What does too long of a time gap imply about the Ds actions ?
they were premeditated and LoC is less likely
What does R V Cocker show ?
D has a reasonable amount of awareness & can’t use LoC
What is the final thing that cannot be used under a.54(4)?
acts of revenge
What act are qualifying triggers under ?
s.55(1)(b) C&JA
How does s.55(3) set out the fear trigger & case?
V scared D was going to use serious violence against them or other identifiable person (Ward)
Under what section does it say if fear of violence is self-induced LoC not work?
s.55
What is the second QF and what section is it under ?
anger trigger s.55(4)
What is the anger trigger?
things said/done & if of extremely 🪦 character caused D justifiable sense of being wronged
What cases set out the definition for the anger trigger?
Bowyer, Hatter & Zebedee
What essentially is the anger trigger ?
has t b so serious that it would cause reasonable person to lose self control
What is the 3rd qualifying trigger s.55(5) ?
combination of fear and anger
What sections sets out the 3rd element ?
s.54(3)
What cannot be take. into account for person similar to D ?
characteristics that bear on Ds general capacity for tolerance/self-restraint
What happens if the defence of LoC is not available for D ?
mandatory life sentence removed and replaced with a discretionary sentence
