Paper 1.10b - Loss of Control Flashcards
Is loss of control a full or partial defence?
Partial.
What crime is loss of control available for?
Murder.
What does a successful loss of control mean for a defendant?
Reduces crime from murder to manslaughter.
What is the sentence for a defendant with the defence of loss of control?
Discretionary life sentence.
Who is the burden upon for loss of control and to what standard?
Prosecution must prove d did not lose self control; beyond reasonable doubt.
What defence does loss of control replace before 2009?
Provocation.
What section of which Act sets out loss of control?
s54(1) of the Coroners and Justice Act 2009
What are the three elements for loss of control?
- D must lose self control.
- There must be a qualifying trigger to lose self control.
- A person of the same sex and age would have acted in the same way (Objective Test).
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?
s54(2)
- does not include ‘having a temper’.
- doesn’t need to be sudden.
- d must lose the ability to maintain judgement.
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?
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.
What constitutes a qualifying trigger in loss of control?
D fears serious violence
OR
Things said or done are of grave character and cause d a justifiable sense of being wronged.
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?
s55(3)
D doesn’t have to fear violence against themselves, it can be against someone else.
The case of Ward links to the qualifying trigger that d fears serious violence. What are its case facts?
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.
If D incites violence then he may not receive the qualifying trigger for fearing serious violence. What case relates to this?
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.
What section of the Coroners and Justice Act 2009 lays out ‘things said or done’ as a trigger in a loss of control case?
s55(4)
What is the case example for qualifying triggers in the category of ‘things said or done’?
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.
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.
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.
Element three of loss of control is the objective test. What is the full description of element three?
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.
What are the four key points for element three of loss of control?
D’s mental state ie temper is not taken into account.
Only sex and age are considered when looking at the self control applicable ie 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.
What is the case example of element three of loss of control?
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.
