Partial defence - Loss of control Flashcards
All steps?
1) Act + definition
2) Must be a loss of control
3) There must be a qualifying trigger
4) The objective test
5) Conclusion
Intro is…?
Act + definition
Definition of LOC+ case?
Ds act or ommision in killing V resulted from a loss of control which had a qualifying trigger and a person of Ds similar sex and age MIGHT have acted in the same or a similar way.
Act for Loss of control?
s54-55 Coroners and Justcie Act 2009
Step 1?
There must be a loss of control. s54 (2)
5 things for step 1+ cases?
A) Loss of control does not need to be sudden - jury can take a delay into account.
B) Must be sufficent evidence to leave issue up to jury (R v Clinton, Parker and Evans)
C) D is not in control if he has lost the ability to act with considered judgement or normal powers of reasoning.
D) 2 hour delay was sufficent as D had not clamed down in that time (R v Ahluwalia)
E) Doesnt count if D is acting in revenge.
What is Step 2?
There must be a qualifying trigger. (Three parts)
What are the 3 triggers?
Fear , Anger and combined.
What is the fear trigger with sections, cases and explanations?
s55 (3) D fears serious violence from V
Test is subjective as long as Ds fear is genuine it doesnt need to be a reasonable fear.
Fear of violence from burgalers now qualifies as trigger ( Martin).
What is the anger trigger with sections, cases and explanations?
s55 (4) Things said or done (or both)
A) Constituted circumstances of an extremely grave character.
B) Caused D to have a justifiable sense of being wronged.
This test is objective and the jury decide if a reasonable man would have felt seriously wronged.
Threshold very high so rare that this will succeed. (Doughtry)
What is the combined trigger with sections, cases and explanations?
s55 (5) Can be a combination of fear and anger triggers (Sands)
What other two elements do you talk about for qualifying triggers?
s55 (6) a-b - Cannot be used if D incites the argument. Not an excuse.
s55 (6) (c) - Sexual infidelity alone not enough for anger but could be taken into account if combined with other fear or anger trigger issues e,g taunting. (Clinton)
What is step 3?
The objective test s54 (1) (c) - Jury decides if a person of Ds similar sex and age with a normal degree of tolerence and self restraint and in Ds circumstances MIGHT have reacted in the same or a similar way. (Camplin) - age and sex an important consideration.
What are the two things for step 3?
Circumstances
Factors which cannot be considered
What is circumstances + cases?
Unemployment, epilepsy, depression - (Gregson)
Discovering infidelity - (Clinton)
Sexual abuse suffered as a child (Hil)
