Loss of control

Question 1

What is loss of control and where is it found?

Answer 1

A partial and specific defence to murder, found in the Coroners and Justice Act 2009

Question 2

Who has the burden of proof and to what standard does it have to be proved?

Answer 2

The prosecution has to prove that D did not lose control beyond reasonable doubt

Question 3

S54(1)(a)

Answer 3

D must suffer a loss of control

Question 4

How did Jewell define a loss of self-control?

Answer 4

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

Question 5

What section states that D’s loss of control need not be sudden and what is the case illustrating this/reasoning?

Answer 5

S54(2)

Dawes - different individuals in different situations do not react identically, nor respond immediately

Question 6

What is the exclusion under S54(4) and what is the case that shows this?

Answer 6

D cannot use this defence if he acted out of a considered desire for revenge - Jewell

Question 7

S54(1)(b)

Answer 7

D’s loss of self-control must come from a qualifying trigger

Question 8

What is the section and definition of the fear trigger?

Answer 8

S55(3)

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

Question 9

Which case said that D must fear serious violence (as opposed to any violence)?

Answer 9

Clinton

Question 10

What does it mean by the fear trigger being judged subjectively?

Answer 10

If D genuinely fears serious violence from V but the fear is unreasonable, D can still use the defence

Question 11

What were the outcomes of R v Ellis? (2 brothers)

Answer 11

D1 was not able to use the defence as he acted out of a considered desire for revenge, however D2 could use the defence as he had feared serious violence for his brother

Question 12

What is the section number and definition of the anger trigger?

Answer 12

S55(4)
D’s loss of control must come from things said or done which must be of an extremely grave character and gives D a justifiable sense of feeling seriously wronged

Question 13

In which case could D not claim this defence due to V’s actions not being of an extremely grave character?

Answer 13

Evans (V refused his offer of a cup of tea)

Question 14

Which case shows that the break up of a relationship will not normally constitute circumstances of an extremely grave character?

Answer 14

Hatter

Question 15

What is the section number and case for a combination of the two triggers?

Answer 15

S55(5)
R v Bowyer - fear trigger failed as D had put himself in the situation and the anger trigger failed as V making the hurtful remarks would not be enough to make the trigger successful

Question 16

What is the exclusion under S55(6)(c)

Answer 16

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

Question 17

Explain what the incitement exclusion is and the section numbers

Answer 17

S55(6)(a) and (b)

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

Question 18

S54(1)(c)

Answer 18

A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, may have reacted in the same/a similar way

Question 19

What does S54(3) state?

Answer 19

The circumstances of D refers to all of D’s circumstances, however a circumstance that only affects D’s level of tolerance and self-restraint cannot be considered

Question 20

Which case shows that D’s beliefs are a relevant circumstance as they make the thing said or done worse, however D’s short temper cannot be considered?

Answer 20

Mohammed

Question 21

Which 3 factors could be considered in the case of Gregson?

Answer 21

Being unemployed, epileptic and depressed

Question 22

Which case shows that D’s intoxication cannot be considered but if they had a serious alcohol problem that they were taunted about, this could be considered?

Answer 22

Asmelash

Question 23

What does Clinton show about the sexual infidelity exclusion?

Answer 23

If sexual infidelity is not the only reason for the loss of control and is integral to the context of the situation, it would be unjust to ignore it