Loss of control Flashcards
What type of defence is loss of control?
Partial and specific
In which section of which act is loss of control set out in?
S54(1) of Coroners and Justice Act 2009
What is S54(1)(a)?
D’s acts/omissions in doing or being a party to the killing resulted from D’s loss of self control
What is S54(1)(b)?
The loss of control had a qualifying trigger
What is S54(1)(c)?
A person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D might have reacted in the same or in a similar way to D
Which case defines ‘loss of self control’?
Jewell
What does Jewell define ‘loss of self control’ as?
‘Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning’
Which section of CJA ‘09 provides that D’s loss of control need not be sudden?
S54(2)
What legal principle came out of the case of Dawes?
‘A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately’
What exclusion does S54(4) outline?
The defence does not apply if he acted out of a ‘considered desire for revenge’
What is the leading case for ‘considered desire for revenge’?
Jewell
What trigger comes under S55(3)?
Fear trigger
What does S55(3) say?
That D’s loss of control must come from D’s fear of serious violence from V against D or another identified person
Which case demonstrates that D must fear ‘serious violence’?
Clinton
What legal point from S55(3) was demonstrated in the case of R v Ellis?
‘Identified other’
What trigger comes under S55(4)?
Anger trigger
What does S55(4) say?
That D’s loss of control must come from things said or done which must be of an extremely grave character which gives D a justifiable sense of being wronged
Give 3 case examples that did not pass the anger trigger due to a lack of ‘extremely grave character’
Evans
Zebedee
Hatter
What does S55(5) say?
That there can be a combination of triggers 1 and 2
Which case failed at using the combination of triggers?
Bowyer
Why did Bowyer fail at using the combination of triggers?
He went into the home so can’t have been scared
The comments made were not of an extremely grave character
What section is the sexual infidelity exclusion?
S55(6)(c)
What is the sexual infidelity exclusion?
The fact that things said or done constituted sexual infidelity must be disregarded
What case demonstrates the sexual infidelity exclusion?
Clinton
What did Lord Judge say in the case of Clinton?
It must be disregarded if it is the qualifying trigger but can be looked at when it is integral to the facts of the case
What section is the incitement exclusion?
S55(6)(a) and (b)
What is the incitement exclusion?
D cannot use the defence if he incites the fear or anger trigger in order to provide him with an excuse to use violence
What part of S54(1)(c) is the objective test?
A normal degree of self restraint and tolerance might have reacted in the same or similar to D
In what case was the objective test developed?
AG for Jersey v Holley
What does S54(3) say?
‘Circumstances of D’ refers to all circumstances other than those whose only relevance is on D’s capacity for tolerance and self restraint
Which case outlines D’s sense of being seriously wronged?
The old case of Mohammed
What principle came out of the old case of Gregson?
If D was taunted about having a certain condition then this would be taken into account when looking into D’s circumstances
What principle came out of the case of Asmelash?
If D is drunk and this affects his ability to stop himself from acting the way he did then this would not be taken into account
