Paper 1.10b - Loss of Control Flashcards

1
Q

Is loss of control a full or partial defence?

A

Partial.

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2
Q

Loss of control is a special defence. What crime is it available for?

A

Murder.

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3
Q

What does a successful loss of control defence mean for a defendant?

A

Reduces crime from murder to manslaughter.

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4
Q

What is the sentence for a defendant with the defence of loss of control?

A

Discretionary life sentence.

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5
Q

Who is the burden upon for loss of control and to what standard?

A

Prosecution must prove d did not lose self control; beyond reasonable doubt.

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6
Q

What defence does loss of control replace before 2009?

A

Provocation.

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7
Q

What section of which Act sets out loss of control?

A

s54(1) of the Coroners and Justice Act 2009

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8
Q

What are the three elements for loss of control?

A
  1. D must lose self control.
  2. There must be a qualifying trigger to lose self control.
  3. A person of the same sex and age would have acted in the same way (Objective Test).
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9
Q

What section of the Coroners and Justice Act 2009 defines a total loss of control and what three things does it say about element one of loss of control?

A

s54(2)
- does not include ‘having a temper’.
- doesn’t need to be sudden.
- d must lose the ability to maintain judgement.

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10
Q

The judgment in Jewell sets out that loss of control is not a suitable defence for those seeking revenge. What are Jewell’s case facts?

A

D shot V at point blank and escaped the scene. He was later caught and arrested with a survival kit in his car. CA decided that since he had enough mental planning to make an escape bag, he hadn’t lost control.

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11
Q

What constitutes a qualifying trigger in loss of control?

A

D fears serious violence
OR
Things said or done are of grave character and cause d a justifiable sense of being wronged.

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12
Q

What section of the Coroners and Justice Act 2009 lays out how d fears serious violence as a trigger in a loss of control case and what does it say about element two of loss of control?

A

s55(3)
D doesn’t have to fear violence against themselves, it can be against someone else.

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13
Q

The case of Ward links to the qualifying trigger that d fears serious violence. What are its case facts?

A

D, D’s brother and V spent the night drinking. V waited outside for a taxi in the morning, but attempted to force his way back in due to the cold. This caused a fight between D’s brother and V. Fearing violence for his brother, D hit V with a pickaxe handle, killing V.

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14
Q

If D incites violence then he may not receive the qualifying trigger for fearing serious violence. What case relates to this?

A

Dawes
D found his wife and V asleep together on the sofa. He woke them up and they began to argue. D stabbed V. Since he incited the violence he did not get the qualifying trigger.

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15
Q

What section of the Coroners and Justice Act 2009 lays out ‘things said or done’ as a trigger in a loss of control case?

A

s55(4)

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16
Q

What is the case example for qualifying triggers in the category of ‘things said or done’?

A

Zebedee
D killed his Alzheimer stricken father out of annoyance when he was doubly incontinent. V’s actions had not been extremely grave in character nor caused a justifiable sense of being wronged.

17
Q

TRUE OR FALSE: Sexual infidelity is a qualifying trigger for loss of control because it is extremely grave in character and gives d a justifiable sense of being wronged.

A

False. The Coroners and Just Act 2009 specifically notes that it is not a qualifying trigger.
This explored in Clinton - where V has to taunt D for her cheating before it becomes a trigger.

18
Q

Element three of loss of control is the objective test. What is the full description of element three?

A

A person of d’s sex and age with a normal degree of tolerance and self-restraint and in the same circumstance as d might have reacted in the same or similar way.

19
Q

What are the four key points for element three of loss of control?

A
  • D’s mental state i.e. temper is not taken into account.
    -Only sex and age are considered when looking at the self control applicable
    i.e. kids are lower.
  • ‘Circumstances’ can include depression, abuse or even being teased, but not intoxication.
  • It is up to the jury to decide a normal degree of tolerance.
20
Q

What is the case example of element three of loss of control (objective test)?

A

Christian
D stabbed two Vs over an argument about shower temperature. A reasonable person would not have killed the two people so d was guilty.