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Murder > Loss Of Control > Flashcards

Loss Of Control Flashcards

1
Q

Which section of the coroners and justice act

A

S54 and 55 2009/2010

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2
Q

Which sections provides a definition of the defence

A

S54 (1)

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3
Q

How many elements and name them and their section numbers

A

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

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4
Q

What defence does it replace

A

Provocation abolished by s56(1)

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5
Q

How does loss of control differ from provocation

A

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

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6
Q

Which court of appeal cases recognised that the new defence was harder to access than provocation

A

Clinton 2012 and Dawes 2013

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7
Q

What did Dawes indicate

A

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

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8
Q

When can provocation be applied

A

Cases pre October 2010

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9
Q

How does L of C make is easier for domestic violence victims

A

Can establish manslaughter but harder for those who killed because of marital infidelity

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10
Q

Does L of C allow slow burn

A

Yes

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11
Q

How to establish a defence of L of C

A

Determine AR and MR for murder then apply any relevant defence in this case L of C

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12
Q

What will a successful defence of L of C reduce the murder charge to

A

Voluntary manslaughter s54 (7)

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13
Q

What burden of proof is required for L of C

A

Prosecution must prove beyond reasonable doubt that there was no loss of control s54 (5)

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14
Q

Any L of C need not be sudden but is a question for the jury section number and cases

A

S54 (2) and (4)
Jewell, workman, barnesdale-Queane
C of a dismissed all due to no l of c

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15
Q

What must the l of c (in terms of time)

A

Temporary (Clinton) if it were permanent this would amount to insanity

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16
Q

What did Dawes say in terms of what is loss of control

A

Different individuals in different situations do no my react identically not respond immediately

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17
Q

Length of time between tigger and killing need not be short know as

A

Cooling off period and slow burn

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18
Q

What is slow burn

A

Cumulative effect providing the last incident caused a temporary loss of self control relevant in battered wives cases (ahluwalia)

19
Q

A considered desire for revenge s 54(4) would negate the defence what did Clinton say

A

The greater the level of deliberation the less likely it will be that the killing followed a true loss of self control

20
Q

Loss of control is statutory under which act

A

Coroners and justice act 2009

21
Q

Which section defines what a trigger is

A

S54 (1) b

22
Q

What is the first trigger and section ip umber

A

S55 (3) a loss of control attributable to d’s fear of serious violence from v against d or another

23
Q

Where else can the fear of violence come from

A

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

24
Q

What is trigger 2 and its section number

A

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

25
Q

Which case said that the justifiable sense of being seriously wrong is objective

A

Clinton

26
Q

Who confirmed that must be looked at objectively

A

Dawes

27
Q

Case facts of Dawes

A

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

28
Q

Neither trigger is met is d incited a thing said or done for proving an excuse to use violence section case

A

S55 (6) a and b

Dawes

29
Q

Section for when trigger 2 is not met if the things said or done constituted sexual infidelity

A

S55 (6) c

30
Q

What does Clinton say in terms of sexual infidelity

A

Is not subject to a blank exclusion of it forms part of the context then it can be considered

31
Q

Case facts of Clinton

A

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

32
Q

A loss of control is attributable to a combination of both triggers section numbers

A

S55 (5)

33
Q

Case where no loss of control

A

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

34
Q

What is the normal person test

A

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

35
Q

What are the two elements of a normal person test

A

Standard of self control

Gravity of provocation

36
Q

Which characterises taken into account for standard of self control

A

Gender and age confirmed in ddp v camplin

37
Q

What is a normal degree of self control and what is it not

A

Irrational prejudices excluded and bad tempered is excluded

38
Q

Which case says in relation to the normal person test intoxication is irrelevant

A

Asmelash

39
Q

Section number of gravity of provocation

A

In the circumstance of d s54 (3)

40
Q

What us galea city of provocation

A

The Normal person placed in the circumstances of d

41
Q

Case for gravity of provocation

A

Hill: sexually abused as a child. V tried to sexual assault d lost control and killed

42
Q

What is might react in a similar way

A

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

43
Q

Case for reacting in a similar way

A

Van dongen

Murder (3 decks)

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