Loss Of Control (cases)

Question 1

What happened in Jewell?

Answer 1

The defendant shot the victim when he was arrested, he had a tent ,clothes etc in the back of his car. Not a loss of control as it was clearly planned.

Question 2

What happened in Dawes?

Answer 2

Defendant caught a victim sleeping with his wife and killed him. It is clear that the defendant acted in considered desire for revenge and not out of loss of control.

Question 3

What happened in hatter (2013)?

Answer 3

Defendant killed the victim finding she was seeing someone else apart from him. Loss of control is not allowed here as the qualifying trigger is not of a grave nature and not justifiable.

Question 4

What happened in Bowyer (2013)?

Answer 4

Defendant killed victim after being taunted about having a relationship with prostitute .Not loss of control-not justifiable.

Question 5

Sahara happened in Clinton(2012)?

Answer 5

Defendant killed ex-wife following taunts, revelations of affair, mental illness .
Loss of control-taunting suffices

Question 6

What happened in Asmelash (2013)?

Answer 6

Defendant (drunk) killed victim .
Not loss of control-not actions of a reasonable man