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
What does R v Zebedee(2012) tell us a about V’s characteristics?
V must show characteristics of an ‘extremely grave character’
Why in R v Zebedee(2012) (killed pooping dad) was he charged with murder?
The actions of V must show characteristics of an ‘extremely grave character’ and give a justification of feeling of being seriously wronged. A father soiling himself is neither
What sections are restrictions to using Qualifying triggers?
S55(6)(a)- D’s fear of serious violence disregarded if D incited something to be done or said to provide him with excuse to use violence
S55(6)(b)- D’s loss of control is to be disregarded if D incited a thing to be done or said that caused in him a sense of being seriously wronged
S55(6)(c)- Anything said or done in connection with sexual infidelity is to be disregarded
What does S55(6)(a) tell us?
D’s fear of serious violence disregarded if D incited something to be done or said to provide him with excuse to use violence
What does S55(6)(b) tell us?
D’s loss of control is to be disregarded if D incited a thing to be done or said that caused in him a sense of being seriously wronged
What does S55(6)(c) tell us?
Anything said or done in connection with sexual infidelity is to be disregarded
What case shows the use of S55(6)(c) stops claiming under LOC?
(R v Dawes, Hatter and Bowyer (2013)
Under s54(1)(c) the jury are required to consider whether or not…?
‘a person of the same age and sex with a normal degree of tolerance and self-restraint, in the same circumstances, might have reacted in the same way or similar way’
What are circumstances that could be accepted as affecting the way D acted?
-Age/sex (R v Camplin)
-History of abuse (R v Hill)
-Unemployment & being mocked for mental illness (R v Gregson)
-Sexual infidelity can be considered as a circumstance but NOT a trigger ( R v Clinton)
What case confirmed age/sex could be accepted as affecting the way D acted?
(R v Camplin)
What case confirmed History of abuse could be accepted as affecting the way D acted?
(R v Hill)
What case confirmed Unemployment & being mocked for mental illness could be accepted as affecting the way D acted?
(R v Gregson)
What case confirmed Sexual infidelity can be considered as a circumstance but NOT a trigger could be accepted as affecting the way D acted?
(R v Clinton)
What are some unaccepted circumstances that dont affect D’s capacity of self control?
-Voluntary Intoxication (R v Asmelash)
-Religion & short temper (R v Mohammed)
-PTSD ( R v James & Karimi)
-Mental illness (R v Meanza)
What case shows Voluntary intoxication is an unaccepted circumstance in affecting D’s capacity of self control
(R v Asmelash)
What case shows Religion & short temper is an unaccepted circumstance in affecting D’s capacity of self control
(R v Mohammed)
What case shows PTSD is an unaccepted circumstance in affecting D’s capacity of self control
(R v James & Karimi)
What case shows mental illness is an unaccepted circumstance in affecting D’s capacity of self control
(R v Meanza)
What must 3 things we must discuss in a LOC scenario?
1) D must lose self control
2) Qualifying Trigger
3) A person of the same age and sex may react in the same way
What must be discussed when dealing with ‘D must lose self control’?
-Loss of ability to act with considered judgement (R v Jewell)
-Loss of control need not be sudden (s54(2)
-It cannot be an ‘act of revenge’ (s54(4)
What must be discussed when dealing with ‘qualifying triggers’?
-D must lose control either through the ‘fear’ trigger or the ‘anger’ trigger under S55(3)-(4)
-There are restriction to when D can use these
S55(6)(a)-(b)-(c)
What must we discuss when viewing if ‘a person of the same age and sex may react in the same way’?
-Objective test
-Would someone of the same age and sex and in the same circumstances have respond in the same wat as D did?
-Circumstances that dont affect D’s tolerance/self restraint can be considered when applying this test
