Loss of control

Question 1

acts

Answer 1

s.3 Homicide act 1957 amended by s.54 Coroners and justice act 2009

Question 2

3 factors

Answer 2

Loss of control
Qualifying trigger - fear and anger
Reasonable person with a normal degree of tolerance would act the same way

Question 3

Exclusions

Answer 3

under s. 55 revenge, provoking someone and sexual infidelity excluded

Question 4

R v Gurpinar and Kojo Smith

Answer 4

up to the judge to decide what is put to the jury
old common law cases now irrelevant

Question 5

R v Christian

Answer 5

judge should consider sufficient evidence to decide what is put to the jury

Question 6

R v Jewell

Answer 6

“Loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning”

Question 7

R v Dawes and Others

Answer 7

Can be accumulation
Can be trigger - judge decided if qualifies

Question 8

R v Evans

Answer 8

‘Act of retribution as a result of a deliberate attempt to get your own back’

Question 9

Fear trigger

Answer 9

R v ward
R v lodge
Anticipatory and reactive force

Question 10

R v ward

Answer 10

Can fear for someone else

Question 11

R v Lodge

Answer 11

Been attacked

Question 12

Anger trigger

Answer 12

Grave character
Justifiable sense of being seriously wronged

Question 13

Grave character

Answer 13

R v Doughty
R v Zebedee
Dawes and others
Not trivial

Question 14

R v Doughty

Answer 14

Judge can decided
Not trivial
Crying baby

Question 15

R v Zebedee

Answer 15

Not trivial - soiled himself

Question 16

Dawes and others

Answer 16

Break up of relationship alone not trigger

Question 17

Justifiable sense of being seriously wronged

Answer 17

objective
R v Clinton
R v bowyer
R v Brehmer

Question 18

JSBSW R v Clinton

Answer 18

‘Justifiable’ must be judged objectively
Personally wronged e.g seeing someone you know being raped v stranger

Question 19

R v Bowyer

Answer 19

Can’t be wronged if you’re at fault e.g burglar

Question 20

R v Brehmer

Answer 20

Fear of sexual infidelity being revealed

Question 21

Exclusions under s.55 (6)

Answer 21

If fear self-induced
Sexual infidelity my be considered with another qualifying trigger

Question 22

R v Clinton

Answer 22

Sexual infidelity + trigger

Question 23

R v meanza

Answer 23

Mental illness not relevant
DR

Question 24

R v rejmanksi

Answer 24

Mental illness can be considered with sufficient evidence

Question 25

R v Asmelash

Answer 25

Voluntary intoxication irrelevant