Loss of control Flashcards
What act is loss of control covered in?
S.54 of the Coroners of Justice act 2009 covers loss of control, which was previously known as provocation.
What does S.54 of the Coroners of Justice act state about loss of control?
A person is not to be convicted of murder if:
- D acts/omissions were caused by a loss of self-control.
- Loss of self-control had a qualifying trigger
- Person of Ds sex and age would have reacted in a similar way.
What is meant by a loss of self-control?
Must have suffered a loss of control at the time of the killing but the trigger which caused this loss of control does not have to occur at this time.
May lose control at a later date.
R V Alhuwalia-
- Abused over 10 years, then he threatened her she waited till he was asleep and set fire to him.
- Not allowed provocation as time gap between threat and murder but would be successful now.
What is meant by qualifying trigger?
S.55:
- Loss of self control was down to D’s fear of serious violence.
- Loss of control was due to things said or done which:
A) Constituted extremely grave character
B) Caused d to have sense of being seriously wronged. - Was a combination of the two.
What was established about a fear of serious violence?
Must be from the victim it cannot be just a general fear.
What was established about things said or done?
Sexual infidelity and revenge are not qualifying triggers.
R V Clinton-
- Killed his wife as she was having an affair.
- Sexual infidelity alone is not a qualifying trigger although may be considered when there are other factors amount to grave character.
What is meant by a person of D’s sex and age would act in a similar way?
Normal person of the same age and sex as the defendant would have acted in the same or a similar way.
DPP V Caplin-
- 15 year old boy sexually assaulted by 50 year old he hit him over the head with a pan and killed him.
- Judge was wrong to say that his age was irrelevant and on appeal it was stated that it should be considered.
What other characteristics may be relevant when considering levels of self-restraint expected?
Any factors which may have an impact on the level of self restraint that should be expected from D will be considered in the court.
R V Hill-
- Victim tried to sexually assault the victim who had been sexually abused as a child.
- This was a relevant characteristic when considering how a formally sexually abused person would have acted.
Whats the burden and standard of proof?
Jury are to assume the defence is satisfied unless the prosecution proves beyond all reasonable doubt that it is not.
What is the effect of the defence?
Would reduce a murder charge to manslaughter.
