loss of control Flashcards
what are the three steps to establish loss of control
- d must have complete loss of self control
- d must snap because of a qualifying trigger
- the ultimate objective test/standard of self control
where is loss of control found
s.s4 - 56 of the coroners and justice act 2009
what case represents step one and why
r v jewell - d couldn’t used defence because it was premeditated, things such as passport, survival kit and drivers license un his car showed he had planned it
is a desire for revenge permitted
no
when is a time gap permitted
if there is a slow burn reaction, d is getting more angry over time
what is the first trigger of step two
d fears serious violence
how is the first qualifying trigger judged
subjectively, from ds perspective
what does r v ward illustrate, trigger one
the violence can be against d or another person
what does r v dawes illustrate, trigger one
that d cannot use the defence if they induced/incite the violence, this means they started it
what is the second trigger of step two
things said or done to d
what does s.55 (4) say that the tings said or done to d must be, step two, trigger two
- they must be of an extremely grave character (very hurtful)
- give d a justifiable sense of being wrong
how is trigger two judged
objectively, from a reasonable mans perspective
what does the case of r v dawes show. trigger two
there can be a cumulative impact, this means a build up of past events
what does r v clinton show, trigger two
that sexual infidelity is not a trigger on its own but it can be taken into account when there is evidence of other things said or done
what does step three involve the jury to do
the jury must consider might a person of
1. ds age and sex
2. with a normal tolerance
3. ds circumstances
