Loss Of Control Flashcards
What act
S54 coroners and justices act 2009
R v gurpinar and kojo-smith
R v Christian
Did have qt and loss of control but reaction was se extreme
Subjective test
R v Jewell- loss of normal powers of reasoning r v Dawes and others- delay and accumulation r v Evan’s- an act of retribution as a result of a deliberate and considered decision to get your own back
Qualifying trigger
Fear or anger
Fear trigger
D losses self control due to fear of serious violence from the v
R v ward
D pleaded loss pf self control when v attacked his brother and d killed him
R v lodge
Pleaded loss of control when v had attacked d with a baseball bat and the d killed him
Anticipatory force
Where d expects violence in the future eg dv
Reactive force
Reacts to force which is imminent
The anger trigger
Grave character and justifiable sense of being seriously wronged
R v Doughty and r v zebedee
Will not include trivial matters
Dawes and others
Need to consider all facts
R v Clinton
Must be judged objectively
R v bowyer
V called d’s gf a prostitute when he was tying to burgle his house
R v brehmer
D was having an affair with v and killed v when threatened to expose the affair
Exclusions for the anger trigger
Fear of violence cannot be self induced and sexual infidelity is not an excuse
R v Clinton
Sexual infidelity can be taken into account but cannot be the whole reason
Objective test
Normal degree of tolerance
R v meanza
Where d is abnormal should be using defence of dr
R v asmelash
Voluntary intoxication cannot be considered
