Loss of control Flashcards
Source of loss of control
S54-56 Coroners and Justice act 2009
who raises the defence and how?
The defendant raises the defence and must provide sufficient evidence to raise an issue with respect of the defence
what is ‘sufficient evidence’
evidence which in the opinion of a trial judge, a jury could reasonably conclude that the defence might apply.
what does s54(5) role of the Jury say
if sufficient evidence is provided, the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not - so the prosecution have the burden of proof.
when can D not calim the loss of control as a defence
if they have killed for revenge
what are the three parts to the defence
1 - loss of self-control
2 - qualifying trigger
3 - normal persons test
what is the first part of the defence and give information about it
Loss of self-control D's act or omissiom must be due to a loss of self-control it is a subjective question Jury must look into D's mind loss of self-control need not be sudden
what is the second part of the defence and give inofrmation
source of this second part is s55(3-5) CJA 2009
Qualifying trigger
D’s lost of control must be caused by a qualifying trigger
3 possible triggers -
- fear of serious violence
- an extremely provocative act
- combination of both
Fear of serious voilence trigger, what does it consist of?
there does not need to have an actual violence
would apply even if D’s belief of violence was mistaken
subjective
could be towards d or another person
must fear SERIOUS violence
An extremely provocative act trigger, what does it consist of
it applies if D’s loss of self-control was attributable to a thing done, thing said or both - which
a) constiuted circumstances of an extremely grave character, and
b) caused d to have a justifiable sense of being seriously wronged.
what does the case of dawes say
using it as an objective test
if someone were to gradually get more and more upset and later D then lost self-control and kills v, the defence could be used.
what happened in the case of r v clinton
D was told by V, his wife, admitting to an affair, told him to commit suicide and that he did not have the ‘balls’ to do it. D killed V
Sexual infidelity would not be able to be used as a thing said or done as a qualifying trigger. However, because the circumstances in this case was that it was a mixed case where there were more than one things said or done it was D was allowed to use the defence of loss of control.
what is the third part of the defence? give information about it
Normal persons test
would a person of
1 - d’s sex and age;
2 - with a normal degree of tolerance and self-restraint; and
3 - in the circumstances of D. have reacted in the same or in a similar way to D
why was the third part of the defence designed for
designed to prevent D’s from using LOC defence just because are intolerant or had poor levels of self-restraint
what did the courts say in Camplin
courts could not expect an old head on young shoulders.
