Loss of Control (PAPER 1) Flashcards
What section of Law is loss of control under?
S54 Coroners and Justice Act 2009
What defence did Loss of Control replace?
Provocation
What does S54(1) of the Corononers and Justice Act 2009 tell us?
Where D kills or is party to the killing of V, D is not to be convicted if:
A) D’s act/omission in doing or being a party of the killing resulted from D’s LOC
B) The loss of self-control had a qualifying trigger, and
C) A person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstance of D, might have reacted in the same or in a similar way to D
What is the 1st thing that must be proven about D to use LOC?
A) D’s act/omission in doing or being a party of the killing resulted from D’s LOC
What is the 2nd thing that must be proven about D to use LOC?
B) The loss of self-control had a qualifying trigger, and
What is the 3rd thing that must be proven about D to use LOC?
C) A person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstance of D, might have reacted in the same or in a similar way to D
Who decides if D suffered LOC?
The jury will decide using their own life experiences
What does R v Jewell(2014) tell us what LOC is?
‘The loss of the ability to act with considered judgement and normal powers of reasoning’
What does S54(2) tell us about the defence?
There is no need for the defence to be sudden
What does R v Baillie tell us?
The longer D waits, the less likely a jury will believe they ‘remained in a state in which they weren’t in control’
What happened in R v Jewell(2014)?
D shot V, later arrested in car containing weapons, ammo and a survival kit, passport etc. Arranged for someone to deed cat. Said his head was ‘fucked up’
He had not lost the ability to act with considered judgement reasoning
What happens in R v Baillie(1995)?
D told by sons a drug dealer threatened them for changing dealer. He went into rage went to dealers house stabbed then shot when he tried to escape
D proved he remained in a state in which he was ‘out of control’ and unable to regain control
What does S54(4) confirm?
Loss of Control will not be a successful defence if D kills in ‘an act of revenge’
What will happen if there is evidence of planning/pre meditation?
Defence of LOC will fail
What do we learn in R v Ibrams and Gregory(1982) and now confirmed in s54(4)?
Defence of LOC does not apply where D kills in an ‘act of revenge’
What does s54(1)(b) tell us?
D’s LOC must result from a ‘qualifying trigger’
What are the two types of ‘qualifying triggers’?
1) Fear trigger S55(3)
2) Anger trigger S55(4)
S55(3) the ‘fear trigger’ state what?
D has lost self-control out of fear of serious violence from the victim against themselves or another identified person
S55(4) ‘Anger trigger’ states what?
D has lost self control due to something said or done by V
D’s fear of violence must be genuine but is a ‘x test’ ?
A subjective test
Who interprets what is meant by ‘serious harm’?
The JURY!
What does (R v Clegg) tell us about D will typically successfully plead fear trigger when they use ‘x’
Excessive force in self-defence
What happens in (R v Lodge(2012) ?
-D was attacked by V (small dealer) with a bat. D lost control and killed V
-Successful plead of LOC
-D genuinely feared serious violence towards himself from V
What happens in R v Ward (2012)?
-D at a party with V, V attacked D’s brother, D lost self control and killed the V
-Guilty of Vol Manslaughter (Successfully plead LOC)
-D didn’t Fear serious violence personally, but S55(3) nevertheless applied as he feared V would use serious violence on his brother
