Loss Of Control

Question 1

Under what sections is it under in the act ?

Answer 1

Sections 54 and 55

Question 2

What are the three elements of the defence?

Answer 2

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

Question 3

What act does the defence replace?

Answer 3

Provocation by S.56 (1)

Question 4

What act is the defence statutory under?

Answer 4

Coroners and Justice Act 2009

Question 5

Which cases recognised that the new defence was harder to access?

Answer 5

Clinton 2012 and Dawes 2013

Question 6

On what case was it decided that the defence would be available based on evidence?

What section?

Answer 6

R V Dawes

S54.6

Question 7

Loss of control is only a partial defence available for what?

Answer 7

Murder

Question 8

If D is successful with the defence, what will it be reduced to and under what section?

Answer 8

Voluntary manslaughter s.54(7)

Question 9

What is the burden of proof?

What section?

Answer 9

It is on the prosecution to prove beyond reasonable doubt that there was no loss of control

S54(5)

Question 10

any loss of control need not be sudden and is a question for the jury. What section is this?

Answer 10

S.54 (2) & (4)

Question 11

In which three cases were the appeals dismissed because there was no evidence of a loss of control?

Answer 11

Jewell, Workman and Barnesdale-Queane 2011

Question 12

The loss of control must be temporary. If it is a permanent loss of control, then it is what?

Answer 12

Insanity

Question 13

What did the C Of A say in Dawes 2013?

Answer 13

“different individuals in different situations do not react identically nor respond immediately”

Question 14

The length of time between the trigger and the killing need not be short and is known as what?

Answer 14

Cooling-off period

Question 15

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?

Answer 15

Ahljwalia (battered wives)

Question 16

A desire for revenge will negate the defence under what section?

Answer 16

S.54 (4)

Question 17

In Clinton what did the CA say?

Answer 17

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

Question 18

Under what section are qualified triggers laid under?

Answer 18

S.54 (1) (b)

Question 19

What is trigger 1 and what section is it?

Answer 19

A loss of control is attributable to D’s fear of serious violence from V against D or another
S55.3

Question 20

Trigger 1 cannot be what?

Answer 20

A general fear of violence

Question 21

What is trigger 2 and what is it laid out under?

Answer 21

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)

Question 22

Trigger two has to be looked at using what?

Answer 22

The objective test

Question 23

What is Dawes 2013 about?

Answer 23

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

Question 24

Trigger 2 is not met if the things said or done constituted what?

Answer 24

sexual infidelity s55 (6) (c)

Question 25

Under what section is loss of control attributable to a combination of both triggers?

Answer 25

S55 (5)

Question 26

Which case showed loss of control involving his father?

Answer 26

Zebedee 2012