Loss Of Control Flashcards
What happens if the defence is successful?
D will not receive a murder conviction, but voluntary manslaughter.
Who is the burden of proof on?
The prosecution, to disprove the defendant beyond reasonable doubt.
Which act and sections is the defence found under?
S. 54 and S.55 of the Coroners and Justice Act 2009.
Which section and act did the Coroners and Justice Act replace and which defence too?
This replaced S.3 of the Homicide Act 1957 and the defence of provocation.
What is the first element of the defence, and which section and act is it found under?
Loss of self control, and it is found under S.54 (1) (a).
What is the second element to the defence, and where is it found?
Qualifying triggers, and this is found in S.54 (1)(b).
What is the third element to the defence and where is it found?
The objective test, and this is found in S.54 (1)(c).
What is the first qualifying trigger, and where is it found?
The first qualifying trigger is that D killed due to the fear of serious violence to themselves or another. This is found in S.55 (3).
What is the second qualifying trigger, and where is it found?
The second qualifying trigger is that D killed due to things said or done, or both, in circumstances of an extremely grave character and that gave D a justifiable sense of being seriously wronged. This is found in S.55 (4).
Which cases prove that if the evidence given is considered insufficient, the judge does not have to put the defence to the jury?
Jewell and Workman.
Does loss of control have to be sudden? Which section is this found in? Which case confirms this?
No, it doesn’t have to be sudden, this is found in S.54 (2) and is confirmed in Dawes.
Under the previous law of provocation, which 3 cases confirmed that the loss of control has to be sudden?
Duffy, Thornton and Alhuwalia.
What does the case of Ashmelash confirm?
This confirms that intoxication is not a relevant circumstance when deciding if a person of reasonable self restraint would act in this way.
Is sexual infidelity classed as a qualifying trigger and which section confirms this?
No it is not, and this is confirmed in S.55 (6c).
Which case confirms that sexual infidelity is not a qualifying trigger?
Dawes.
