loss of control

Question 1

Coroners & Justice Act 2009

Answer 1

S.54 & 55 - defines loss of control as a new defence to special and partial murder

Question 2

loss of control - part 1

Answer 2

S.54 (1) - procedure
old - all cases that provoked the defendant
new - the judge must decide if there is a sufficient amount of evidence

Question 3

Workman

Answer 3

stabbed his ex- wife accidentally through the heart whilst she was in a head lock
TJ - insufficient amount of evidence for LOC
COA - LOC inadmissible due to the lack of evidence

Question 4

Barnsdale - Quean

Answer 4

strangled his wife with a chain and claimed she committed suicide
TJ - insufficient evidence
COA - upheld conviction under the new act, insufficient evidence

Question 5

loss of control - part 1 (2)

Answer 5

S.54 (2)

• must be a complete loss of control
• loss need not to be sudden and temporary
• the desire of revenge is not allowed

Question 6

Jewell

Answer 6

shot colleague in the body and head, then escaped with a survival kit to Scotland
TJ - insufficient evidence for LOC
COA - upheld not LOC due to evidence of planning and revenge

Question 7

Ahluwalia - old case

Answer 7

abused wife of several years set fire to her husband
LOC - failed as there was no sudden and temporary loss of self control
under the new defence it would still be murder as she didn’t lose control and it was revenge

Question 8

Trigger 1 - S.55 (3)

Answer 8

a fear of serious violence from V against D or another identified person - subjective

Question 9

Ward

Answer 9

2 brothers at a party, V attacked D’s brother so the defendant killed V
S.55 (3) - succeeded as D had fear of V against another person

Question 10

Lodge

Answer 10

D killed V a drug dealer who attacked him

LOC - succeeded as he had a fear of serious violence from V

Question 11

Trigger 2 - S.55 (4)

Answer 11

things said or done of an extremely grave character causing D to have a justifiable sense of being seriously wronged - objective
Cumulative provocation should still apply

Question 12

Zebedee

Answer 12

94 year old with dementia soiled himself so D killed him
old - would have passed as LOC
new - LOC failed as he Vs actions weren’t of grave character and no JSSW

Question 13

Clinton

Answer 13

strangled wife after she gave details of her affair and taunted suicide
TJ - refused LOC due to sexual infidelity
COA - LOC succeed as sexual infidelity can trigger other qualifiers

Question 14

Hatter

Answer 14

D had a brief relationship with V, V got into a new relationship so D stabbed V
TJ - LOC failed
COA - LOC failed as there wasn’t GC or JSSW

Question 15

Bowyer

Answer 15

D burgled V, both in a relationship with the same woman, fight … D killed V
TJ - murder conviction LOC failed, no GC and no JSSW as he was a burglar

Question 16

normal person test

Answer 16

• a person of D’s age & sex with a normal degree of restraint that they might have reacted the same/similar
• 2 responses, reaction - defendants characteristics
  control - objective, just age and sex

Question 17

Asmelash

Answer 17

D & V drinking, D stabbed V through the heart, claimed he drunkly swung
TJ - LOC failed as the NP wouldn’t have acted the same
COA - intoxication isn’t part of NP

Question 18

Clarke

Answer 18

V told D she was having an abortion, D strangled and electrocuted her body
NP - would react but not in the same way so provocation failed