Loss Of Control Flashcards
Which section of the coroners and justice act
S54 and 55 2009/2010
Which sections provides a definition of the defence
S54 (1)
How many elements and name them and their section numbers
Was there a loss of control s54 (1) a
Was there a qualifying trigger s 54(1) b
Would the normal persona have acted in the same or a similar way s55 (1) c
What defence does it replace
Provocation abolished by s56(1)
How does loss of control differ from provocation
Narrower as provocation was too lenient on those who killed out of anger and too sever on those who killed out of fear of violence
Which court of appeal cases recognised that the new defence was harder to access than provocation
Clinton 2012 and Dawes 2013
What did Dawes indicate
Judge decides if the defence of loss of control is available based on evidence s54 (6) if it is the jury decides if d had a loss of control leading to the killing
When can provocation be applied
Cases pre October 2010
How does L of C make is easier for domestic violence victims
Can establish manslaughter but harder for those who killed because of marital infidelity
Does L of C allow slow burn
Yes
How to establish a defence of L of C
Determine AR and MR for murder then apply any relevant defence in this case L of C
What will a successful defence of L of C reduce the murder charge to
Voluntary manslaughter s54 (7)
What burden of proof is required for L of C
Prosecution must prove beyond reasonable doubt that there was no loss of control s54 (5)
Any L of C need not be sudden but is a question for the jury section number and cases
S54 (2) and (4)
Jewell, workman, barnesdale-Queane
C of a dismissed all due to no l of c
What must the l of c (in terms of time)
Temporary (Clinton) if it were permanent this would amount to insanity
What did Dawes say in terms of what is loss of control
Different individuals in different situations do no my react identically not respond immediately
Length of time between tigger and killing need not be short know as
Cooling off period and slow burn
What is slow burn
Cumulative effect providing the last incident caused a temporary loss of self control relevant in battered wives cases (ahluwalia)
A considered desire for revenge s 54(4) would negate the defence what did Clinton say
The greater the level of deliberation the less likely it will be that the killing followed a true loss of self control
Loss of control is statutory under which act
Coroners and justice act 2009
Which section defines what a trigger is
S54 (1) b
What is the first trigger and section ip umber
S55 (3) a loss of control attributable to d’s fear of serious violence from v against d or another
Where else can the fear of violence come from
Another identified person but it can’t be a general fear of violence e.g Pearson pre coroners and justice act fear of violence against an identified person
What is trigger 2 and its section number
S55 (4) a loss of control attributable to things said or done this must constitute a circumstance of an extremely grave character that caused d to have a justifiable sense of being seriously wronged
Which case said that the justifiable sense of being seriously wrong is objective
Clinton
Who confirmed that must be looked at objectively
Dawes
Case facts of Dawes
Went to estranged wife’s house and found her asleep with v. D woke v up and punched him in face with a bottle. According to d v took bottle off and attacked him.
D grabbed knife from kitchen and stabbed d in the neck
Neither trigger is met is d incited a thing said or done for proving an excuse to use violence section case
S55 (6) a and b
Dawes
Section for when trigger 2 is not met if the things said or done constituted sexual infidelity
S55 (6) c
What does Clinton say in terms of sexual infidelity
Is not subject to a blank exclusion of it forms part of the context then it can be considered
Case facts of Clinton
D bludgeoned and straggled wife to death. She told d she was having an affair in detail. V was aware he was looking at sucked websites and told him he didn’t have the courage and told him he could take the children
A loss of control is attributable to a combination of both triggers section numbers
S55 (5)
Case where no loss of control
Zebedee
D charged with the murder of 94 year old father who had alzheimers and doubly incontinent. D punched and strangled to death as claimed v had soiled himself in the night and d had cleaned him up for him to do it again
What is the normal person test
S54 (1) c
A person of d gender and age with a normal degree of tolerance and self restraint in the circumstances of d might react in a similar way
What are the two elements of a normal person test
Standard of self control
Gravity of provocation
Which characterises taken into account for standard of self control
Gender and age confirmed in ddp v camplin
What is a normal degree of self control and what is it not
Irrational prejudices excluded and bad tempered is excluded
Which case says in relation to the normal person test intoxication is irrelevant
Asmelash
Section number of gravity of provocation
In the circumstance of d s54 (3)
What us galea city of provocation
The Normal person placed in the circumstances of d
Case for gravity of provocation
Hill: sexually abused as a child. V tried to sexual assault d lost control and killed
What is might react in a similar way
If jury decided that the normal person of same gender and age would have lost self control but might not have reacted in a similar way the defence is negated
Case for reacting in a similar way
Van dongen
