loss control Flashcards
(15 cards)
What is the definition of loss of control?
A person who kills or is a party to killing may be convicted of manslaughter rather than murder where their acts and omissions in doing or being party to killing resulted from their loss of control.
What must the loss of control have?
The loss of control must have a qualifying trigger.
What is a qualifying trigger?
The defendant must have a fear of serious violence from the victim or an identified person against them.
What case established that fear of violence is sufficient for loss of control?
R v Ward - Fear of violence on another person is sufficient enough to amount to loss of control.
What case established that loss of control cannot be relied upon if the defendant instigates violence?
R v Dawes - Loss of control cannot be relied upon if the defendant instigates violence.
What case ruled that sexual infidelity cannot be a qualifying trigger?
R v Clinton - Sexual infidelity cannot be relied upon as a qualifying trigger, but it can be considered if it forms an essential part of creating other factors which would be triggered
What factors may be triggers for loss of control?
Other factors which may be triggers include the circumstances of the defendant, such as their sex and age, and a normal degree of tolerance and self-restraint.
What is the standard for assessing the defendant’s reaction?
The circumstances of the defendant, including their sex and age, might have influenced how they reacted.
What is the burden of proof regarding the defense of loss of control?
The prosecution must prove beyond reasonable doubt that the defense of loss of control does not apply.
What conditions may affect the circumstances of the defendant?
Recognized health conditions, addiction, or voluntary intoxication may affect the circumstances of the defendant.
What constitutes circumstances of an enemy of grave character?
A thing said or done, or both, that constituted circumstances of an enemy of grave character caused the defendant to have a justifiable sense of being wronged.
Was there a loss of control?
Yes, there was a loss of control.
What was the loss of control related to?
It was related to the actions of the person (D).
Did the loss of control have a triggering event?
Yes, the loss of control had a triggering event.
How would a person of D’s sex and age react to the loss of control?
A person of D’s sex and age, with a normal degree of tolerance, may react in a similar way.
