Loss of control Flashcards
What act and section is it in
S.54 of the Coroners and Justice Act 2009
Elements
Defendant lost their control
The loss of control had a qualifying trigger
A person of the D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way to D
R v Jewell
If D claims they were angry and lost their control it does not mean they actually had a total loss of control
What can a qualifying trigger be
Fear of violence
Things said or done
R v Ward
Fear of violence can amount to loss of control
R v Dawes
You cannot rely on fear of violence if the defendant induced the violence
What is the rule for things said or done
the circumstances must be seriously grave to give a defendant a justifiable sense of being wrong
R v Zebedee
D’s actions were not justified as the things said or done were not seriously grave
R v Bowyer
Jury denied defendant of claiming loss of control due to fear of things said or done as he was committing a burglary at the victim’s house
R v Clinton
Sexual infidelity can be coupled with other triggers
Whichever qualifying trigger is relied on, the defendant is expected to act to the same standard as someone who is the same sex and age in that situation as well as the same circumstances
R v Rejmanski
PTSD should be considered as a circumstance, standards of the defendant’s certain circumstances will be taken into account
R v Christian
If there is no sufficient evidence, then the judge can decide not to leave the defence to the jury
R v Asmelash
Voluntary intoxication cannot be considered for either loss of control or diminished responsibility
