loss of control Flashcards
r v dawes
FACTS
the defendant went to his house and found his wife asleep with another man and started to punch and hit him with a bottle. The man took the bottle off him and started to attack him. The defendant then got a kitchen knife and stabbed him in the neck
r v dawes
LEGAL PRINCIPLE
he couldnt rely on fear of violence where he incites that violence
r v jewell
FACTS
The defendant drove to his colleagues house and shot him twice. The defendant claimed he had lost control but there was evidence of premeditation as things such as his passport, driving license, cheque and a survival kit where found in his car
r v jewell
LEGAL PRINCIPLE
evidence of premeditation or planning is not a loss of control
r v ward
FACTS
during a house party the deceased attacked the defendant and gouged his eye. The decesed dint defend himself and the defendants brother stated that the deceased was crazy. They then left and returned armed with various objects a killed him
r v ward
LEGAL PRINCIPLE
Fear of violence on another person can amount to a qualifying trigger
r v clinton
FACTS
The defendant and his wife were suffering from depression. The defendant wasexpirencing flancial difficulties and stress at work. They separated for a feel weeks in which she had an affair they agreed to meet at their home to tell their children that their marriage was over. Instead he was heavily intoxicated and beaten her repeatedly which hilled her
r v clinton
LEGAL PRINCIPAL
Sexual infedenty can not be relied upon on its own as a qualifying trigger sexual infedentys existence doesn’t prevent reliance on the defence where there exists other qualifying triggers
r v zebedee
FACTS
the h defendant murdered his 94 year old father after he had soiled himself repearaly.
r v zebedee
LEGAL PRINCIPLE
For the things said or done to be a qualifying trigger, they must constitute circumstances of an extremely grave character and the defendant must have a justifiable sense of being seriously wronged
