Loss Of Control Flashcards
Under what sections is it under in the act ?
Sections 54 and 55
What are the three elements of the defence?
Was there a loss of control? S54 1.A
Was there a qualifying trigger? S54 1.B
Would a normal person have acted in a same or similar way? S55 1.C
What act does the defence replace?
Provocation by S.56 (1)
What act is the defence statutory under?
Coroners and Justice Act 2009
Which cases recognised that the new defence was harder to access?
Clinton 2012 and Dawes 2013
On what case was it decided that the defence would be available based on evidence?
What section?
R V Dawes
S54.6
Loss of control is only a partial defence available for what?
Murder
If D is successful with the defence, what will it be reduced to and under what section?
Voluntary manslaughter s.54(7)
What is the burden of proof?
What section?
It is on the prosecution to prove beyond reasonable doubt that there was no loss of control
S54(5)
any loss of control need not be sudden and is a question for the jury. What section is this?
S.54 (2) & (4)
In which three cases were the appeals dismissed because there was no evidence of a loss of control?
Jewell, Workman and Barnesdale-Queane 2011
The loss of control must be temporary. If it is a permanent loss of control, then it is what?
Insanity
What did the C Of A say in Dawes 2013?
“different individuals in different situations do not react identically nor respond immediately”
The length of time between the trigger and the killing need not be short and is known as what?
Cooling-off period
D can have a slow burn situation provided the last act was the one that caused the temporary loss of control. This was decided in which case?
Ahljwalia (battered wives)
A desire for revenge will negate the defence under what section?
S.54 (4)
In Clinton what did the CA say?
“The greater the level of deliberation, the less likely it will be that the killing followed a true loss of self control”
Under what section are qualified triggers laid under?
S.54 (1) (b)
What is trigger 1 and what section is it?
A loss of control is attributable to D’s fear of serious violence from V against D or another
S55.3
Trigger 1 cannot be what?
A general fear of violence
What is trigger 2 and what is it laid out under?
A loss of control is attributable to things said or done which must constitute circumstances of extremely grave character and cause D to have a justifiable sense of being seriously wronged
S55 (4)
Trigger two has to be looked at using what?
The objective test
What is Dawes 2013 about?
D went looking for a fight with his estranged wife’s new partner . D punched V and hit him with a bottle. V grabbed the bottle and D accused him of trying to attack him. He stabbed v multiple times
Trigger 2 is not met if the things said or done constituted what?
sexual infidelity s55 (6) (c)
Under what section is loss of control attributable to a combination of both triggers?
S55 (5)
Which case showed loss of control involving his father?
Zebedee 2012
