Loss Of Control

Question 1

What section, Act and year is loss of control judged under?

Answer 1

S.54 Coroners and Justice Act 2009

Question 2

What are the three points that must be established to use loss of control ?

Answer 2

Loss of control
Must be a qualifying trigger
Similar person would have reacted in a similar way

Question 3

What are the three reasons in S.55 that prevent the defence from being used?

Answer 3

Revenge
Provocation
Sexual infidelity

Question 4

Who decides if the defence of loss of control is put to the jury?

Answer 4

The judge

Question 5

What case confirms that the judge decides if loss of control can be used?

Answer 5

R v Gurpinor & Kojo-Smith

Question 6

Point of law from R v Christian?

Answer 6

Reaction so extreme could not say it was rational - stabbed 2 over shower temp

Question 7

What is the first point when proving loss of control?

Answer 7

The loss of self control

Question 8

What is the quote from R v Jewell?

Answer 8

Loss of “considered judgment or a loss of normal powers of reasoning”

Question 9

Facts from R v Jewell?

Answer 9

D drove to J’s house and shot him without warning

Question 10

What case says there can be a delay and cumulative impacts with loss of control?

Answer 10

R V Dawes and others

Question 11

Who decides if the delay is too long in loss of control?

Answer 11

The Judge

Question 12

Is loss of control available if D acted out of revenge?

Yes/No Question?

Answer 12

No

Question 13

What do R v Evan’s and R v Clinton state about revenge?
(Quote)

Answer 13

“Deliberate and considered judgment to get your own back”

Question 14

What is the second main point when proving loss of control?

Answer 14

Qualifying trigger

Question 15

What are the two types of qualifying trigger (including sections)?

Answer 15

Fear S.55(3)
Anger S.55(4)

Question 16

What is the point of law in R v Ward?

Answer 16

Someone attacking another can justify your own fear

Question 17

Facts from R v Ward?

Answer 17

V attacked brother D killed him

Question 18

Point of law in R v Lodge?

Answer 18

When you are attacked you fear for yourself

Question 19

Facts from R v Lodge?

Answer 19

V attacked D with baseball bat D killed V

Question 20

What are the two types of force?

Answer 20

Anticipatory force - expect violence
Reactive force - react to imminent force

Question 21

What is another term for the anger trigger S.55(4)

Answer 21

“Things said and done”

Question 22

What justifies the anger trigger?

Answer 22

Grave character (non-trivial)

Question 23

R v Doughty?

Answer 23

Judge can decide what is allowable and what isn’t - baby crying isn’t of grave character

Question 24

What is an example of a trivial matter that was not of grave character?

Answer 24

R v Zebedee - killed father for incontinence/deficating

Question 25

What case states that a cases facts need to be considered when deciding grave character?

Answer 25

R v Dawes & others

Question 26

What is an example of grave character given by the law commission?

Answer 26

A parent coming home and seeing their child being raped

Question 27

What does R v Clinton say about a justifiable sense of being seriously wronged?

Answer 27

Witnessing the rape of a stranger not personal enough needs to be relative

Question 28

What case confirms a justifiable sense of being seriously wronged?

Answer 28

R v Dawes & others

Question 29

What is the point of law from R v Bowyer?

Answer 29

No justifiable sense of being seriously wronged if he himself was the burglar

Question 30

What is the point of law in R v Brehmer?

Answer 30

Sexual infidelity disregarded - jury found fear of affair being revealed was justifiable

Question 31

What section contains the exclusions?

Answer 31

S.55(6)

Question 32

What are the two exclusions from the fear factor?

Answer 32

If the fear is **self induced** If it constituted **sexual infidelity** it is to be disregarded

Question 33

What does R v Clinton state about sexual infidelity?

Answer 33

Can consider sexual infidelity if their is another qualifying trigger “Where sexual infidelity is integral to and forms an essential part of the context, the prohibition does not operate to exclude”

Question 34

What is the third section in loss of control?

Answer 34

A person of the same sex age with normal degree of tolerance and self-restrain would react the same in the circumstances

Question 35

What does R v Meanza say?

Answer 35

If have a mental illness use diminished responsibility

Question 36

What does R v Rejmanski say?

Answer 36

Mental illness can be considered if enough evidence

Question 37

Can sexual infidelity be considered if it’s a relevant factor?

Answer 37

Yes site R v Clinton

Question 38

What does R v Asmelash say?

Answer 38

Voluntary intoxication not considered use intoxication defense