Loss Of Self Control Flashcards
What statutory defence was created by the Coroners and Justice Act 2009?
Loss of control
This defence replaced the previous defence of ‘provocation’ under the Homicide Act 1957.
What type of defence is loss of control considered?
Partial defence reducing murder to voluntary manslaughter
What is the standard of proof for loss of control?
Beyond reasonable doubt
What is the burden of proof for the prosecution in loss of control cases?
To disprove the loss of control
What is the first element of loss of control as defined in S.54(1)(a)?
D’s acts or omission in doing or being party to the killing resulting from D’s loss of control
What must be proven regarding D’s loss of control?
D lost control at the time of the acts or omission causing death of V
Who decides the issue of loss of control since it is not defined by statute?
The jury
How is loss of control defined in Jewell?
A loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning
Does the loss of control need to be sudden according to S.54(2)?
No, it does not matter if the loss of control was sudden
What does a longer delay in loss of control suggest?
It raises the possibility for revenge
In which context can a ‘slow burn’ reaction still allow for the defence of loss of control?
Common in women suffering from battered woman syndrome
What can make loss of control unavailable under S.54(4)?
If D acted in considered desire for revenge
What are the two types of qualifying triggers under S.55?
- Fear trigger
- Anger trigger
What does the fear trigger entail according to S.55(3)?
D feared serious violence from V against himself or another identified person
What type of test is applied to the fear trigger?
Subjective test
What must be proven for the anger trigger as per S.55(4)?
Circumstances of an extremely grave character and justifiable sense of being seriously wronged
What is the objective test for the anger trigger?
Would the reasonable man regard the circumstances as grave and feel a justifiable sense of being wronged?
What case established that a breakup does not typically constitute an extremely grave character situation?
Hatter
Under what condition is the defence unavailable if D incites V?
If D incites V to do the thing that caused D’s fear or sense of being wronged
What does S.55(6)(c) state about sexual infidelity?
It is to be disregarded as a qualifying trigger
What did Clinton clarify about sexual infidelity as a qualifying trigger?
It can be considered within the context of other triggers when deciding if circumstances were extremely grave
What does S.54(1)(c) ask regarding the objective test?
If a person of D’s sex and age with normal tolerance and self-restraint would have reacted similarly
What personal characteristics are not relevant according to Holley?
Any characteristics other than age and sex
What is a relevant characteristic in assessing loss of control as per Hill?
A history of being sexually abused
How should intoxication be considered in the objective test according to Asmelash?
The jury should disregard the effects of alcohol/drugs
What might the jury consider in Van Dongen regarding loss of self-control?
The reasonable man would have lost self-control but not reacted in the same way
