Loss of control

Question 1

What type of defence is loss of control?

Answer 1

Partial and specific

Question 2

In which section of which act is loss of control set out in?

Answer 2

S54(1) of Coroners and Justice Act 2009

Question 3

What is S54(1)(a)?

Answer 3

D’s acts/omissions in doing or being a party to the killing resulted from D’s loss of self control

Question 4

What is S54(1)(b)?

Answer 4

The loss of control had a qualifying trigger

Question 5

What is S54(1)(c)?

Answer 5

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

Question 6

Which case defines ‘loss of self control’?

Answer 6

Jewell

Question 7

What does Jewell define ‘loss of self control’ as?

Answer 7

‘Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning’

Question 8

Which section of CJA ‘09 provides that D’s loss of control need not be sudden?

Answer 8

S54(2)

Question 9

What legal principle came out of the case of Dawes?

Answer 9

‘A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately’

Question 10

What exclusion does S54(4) outline?

Answer 10

The defence does not apply if he acted out of a ‘considered desire for revenge’

Question 11

What is the leading case for ‘considered desire for revenge’?

Answer 11

Jewell

Question 12

What trigger comes under S55(3)?

Answer 12

Fear trigger

Question 13

What does S55(3) say?

Answer 13

That D’s loss of control must come from D’s fear of serious violence from V against D or another identified person

Question 14

Which case demonstrates that D must fear ‘serious violence’?

Answer 14

Clinton

Question 15

What legal point from S55(3) was demonstrated in the case of R v Ellis?

Answer 15

‘Identified other’

Question 16

What trigger comes under S55(4)?

Answer 16

Anger trigger

Question 17

What does S55(4) say?

Answer 17

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

Question 18

Give 3 case examples that did not pass the anger trigger due to a lack of ‘extremely grave character’

Answer 18

Evans
Zebedee
Hatter

Question 19

What does S55(5) say?

Answer 19

That there can be a combination of triggers 1 and 2

Question 20

Which case failed at using the combination of triggers?

Answer 20

Bowyer

Question 21

Why did Bowyer fail at using the combination of triggers?

Answer 21

He went into the home so can’t have been scared

The comments made were not of an extremely grave character

Question 22

What section is the sexual infidelity exclusion?

Answer 22

S55(6)(c)

Question 23

What is the sexual infidelity exclusion?

Answer 23

The fact that things said or done constituted sexual infidelity must be disregarded

Question 24

What case demonstrates the sexual infidelity exclusion?

Answer 24

Clinton

Question 25

What did Lord Judge say in the case of Clinton?

Answer 25

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

Question 26

What section is the incitement exclusion?

Answer 26

S55(6)(a) and (b)

Question 27

What is the incitement exclusion?

Answer 27

D cannot use the defence if he incites the fear or anger trigger in order to provide him with an excuse to use violence

Question 28

What part of S54(1)(c) is the objective test?

Answer 28

A normal degree of self restraint and tolerance might have reacted in the same or similar to D

Question 29

In what case was the objective test developed?

Answer 29

AG for Jersey v Holley

Question 30

What does S54(3) say?

Answer 30

‘Circumstances of D’ refers to all circumstances other than those whose only relevance is on D’s capacity for tolerance and self restraint

Question 31

Which case outlines D’s sense of being seriously wronged?

Answer 31

The old case of Mohammed

Question 32

What principle came out of the old case of Gregson?

Answer 32

If D was taunted about having a certain condition then this would be taken into account when looking into D’s circumstances

Question 33

What principle came out of the case of Asmelash?

Answer 33

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