Loss of control cases (vol) Flashcards
Clinton, Parker and Evans
Facts: all 3 killed their wives
Ratio: sexual infidelity is not covered
R v Jewell
Facts: d shot former colleague
Ratio: planned execution, not a loss
Barnsdale and Quean
Facts: strangled wife then used a knife to inflict superficial wounds to his abdomen, face and arms
Ratio: did not require surgery and suffered no defensive wounds
R v workman
Facts: d stabbed his wife to death
Ratio: insufficient evidence to put the defence to the court and therefore murder conviction upheld
R v Dawes
Facts: d pinched and hit v with a bottle. D claimed v attacked him and then he fatally stabbed v
Ratio: no evidence of loss of control, only that he was angry
R v Ward
Facts: d killed v who had previously attacked his brother
Ratio: jury accepted that d has lost self control due to serious violence issued by v
R v lodge
Facts: v’s attacked d with baseball bat d lost self control and killed them
Ratio: jury accepted that d lost self control due to serious violence from v