Loss of Control Flashcards
SARAH SANDS
Confronted neighbour who had been discovered had sexually abused many children in neighbourhood. Lost control and stabbed him.
Convicted of manslaughter by way of loss of control.
Example/illustrative case.
CORONERS AND JUSTICE ACT 2009 S.54
s.b. 374
Loss of control
1) Not murder if
a) D’s acts/o’s resulted from D’s loss of self-control (subjective limb)
b) loss of SC had a QUALIFYING TRIGGER
c) a person of D’s sex, age and normal tolerance and self-restraint, and in D’s circumstances, might have reacted in the same/similar way (OBJECTIVE TEST)
2) Need not be sudden. (BIG CHANGE FROM OLD LAW)
4) ss.1 does NOT apply if D ‘acted in a considered desire for revenge’.
5) If sufficient evidence - jury assumes it is made out unless prosecution can prove beyond RD that it is not.
7) Manslaughter conviction instead.
R. v Alhuwalia and Loss of Control
Whilst Ct accepted BWS for DR - could NOT be loss of control, as under old defence of provocation and common law - had to be sudden and temporary nature.
S.54 (2) got rid of this requirement - relief for battered woman who kill due to ‘slow-burn’ effect.
S.55 Coroners and Justice Act 2009
QUALIFYING TRIGGER
1) For purposes of s.54
3) D’s fear of serious violence.
4) a) Thing said of extremely grave character
b) justifiable sense of being wronged.
5) or a combination of the matters in 3 and 4
6)
a) D’s fear of violence disregarded if caused by D’s incitement or D using to provide an excuse for his violence
b) sense of being wronged is NOT justifiable if D incited the thing said/done for the purpose of excuse for his violence
c) SEXUAL INFIDELITY NOY A QUALIFYING TRIGGER
R. v CLINTON [2012]
Wife had taunted D about affair she had had - killed her.
C of A: sexual infidelity CAN be a qualifying trigger (but only) when taking it into account against the background and context of the case as a whole.
Can’t be a trigger in itself (due to S.55 (6)(c)) BUT CAN PLAY A PART WHEN ASSESSING OTHER TRIGGERS.
Broad interpretation of the 2009 Act.
R. v Dawes
Examples of S.55 (6)(a) and (b) in operation.
Qualifying triggers not available to D because he had deliberately incited V’s violence etc. - INTENDED to provide him with an excuse or opportunity to use violence.
HOWEVER - Mere fact that D was also behaving badly in provoking troubles does not preclude application of qualifying triggers under s.55(6) (a) and (b) –> NEEDS TO HAVE INTENDED TO INCITE VIOLENCE FOR THE PURPOSE OF PROVIDING HIM WITH AN EXCUSE!
R. v MOHAMMED FAQIR
Muslim - honour killing of young daughter in bed with a man.
Honour killings should NOT be able to reduce conv. to manslaughter by way of loss of control.
R. V SMITH [1982] - UNREPORTED
PMS (Pre-menstrual syndrome)
= Recognised condition but court did not allow it to apply to defence of DR or Loss of C.
Suggests gender inequality in criminal law?
R. v THORNTON (No 2) [1996]
Woman killed abusive husband - but not sudden at all
Went to kitchen to calm down - then got knife, sharpened it and stabbed him.
Under old law - murder - but NOW able to plea both loss of control and DR successfully.
Suggests that criminal law is improving in accommodating women - more than it used to.
