LSC Flashcards
What defence does it replace?
It replaces the old defemce of provocation under s3(1) homicide act 1957
What is the statute where LSC is found?
S54(1) coroner and justice act 2009 when
If D kills or is party to a killing then he will not be convicted of murder if….?
(S54(1)cja 2009)
A)His actions arose due to a loss of self control
B)The LSC came from a trigger
C)A person of Ds sex and age, with a normal degree of tolerance and self restraint, in similar circumstances to D might have reacted in the same or similar way to D
Loss of self control
S54(2)-Doesn’t need to be sudden-aluhwalia
Dawes-But the longer between the trigger and LSC the less likely the plea is to be successful.
Revenge is excluded-ibrahms and gregory, Dawes
Trigger 1
S55(3)cja 2009
D fears serious violence from v against him or an identifiable person
Identifiable person- ward
Lord judge in clinton-Must be serious violence, the fear doesn’t meed to be genuine.
D cannot fear non serious violence, even if he perceives it to be serious
If the violence is anticipated it is unlikely to succeed
Trigger 2
S55(4) cja 2009
Things said or done, which constitute a circumstance of extremely grave character, and gave D a justifiable sense of being seriously wronged
Zebedee
Dpp v smith-rape
Limitations on the triggers
Sexual infidelity-clinton-s55(6)(a)
Incitement-dawes-s55(6)(b)
Third option
S55(5)-combination of triggers 1 and 2
Humphreys-triggers 1 and 2
Objective test (element 3)
Camplin-confirmed in holly- sex and age to be taken into consideration
Normal degree of tolerance- racism and homophobia excluded
Normal degree of self restraint-short temper excluded-Mohammed
Gregson-circumstances
Hill-sexual abuse
Intoxication
Voluntary intoxication to be excluded
If D reacted like the reasonable sober person when drunk then he can still use the defence
If D is mocked for his drug/alcohol problems then it can constitute things said or done
