Loss Of control Flashcards
(18 cards)
What is the act and section number for LOC
S.54 Coroners and Justices Act 2009
Amended S.3 Homicide Act 1957
What are the 3 ways where a person kills or is the party to a killing is not convicted of murder
1.D’s loss of self control
2.Qualifying trigger
3.A person of D’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same way
What does the act mean by loss of self control- defined in R v Jewell
“A loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”
POL R v Dawes and others
The defence can be used where there has been a delay between the trigger incident and the murder. The judges decides if it is too long.
Defence not available if the defendant acted a desire for revenge- in R v Evans quote
“An act of retribution as a result of a deliberate and considered decision to get your own back”
What 2 triggers can a qualifying trigger be divided into
1.Fear trigger
2.Anger trigger
Name a case for fear trigger
R v Ward
R v Lodge
The fear trigger can cover 2 situations:
Anticipatory force- D expects violence in the future
Reactive force- force that is imminent
The anger trigger trigger-“Things said and done”:
1.Extremely grave character
2.Justifiable sense of being seriously wronged
Grave Character: POL R v Doughty
Non wrongful acts like a crying baby can be provocation- doesn’t need to be wrongful act
Grave Character: POL R v Zabedee
Will not include trivial matters (like shitting themself)
Grave Character: POL Dawes and others
Stated that the break up of a relationship in itself would not constitute of a grave character and would need to look at more facts
Justifiable sense of being seriously wronged: POL R v Bowyer
No justification for feeling seriously wronged as he was the burglar himself
Justifiable sense of being seriously wronged: POL R v Brehmer
-Sexual infidelity disregarded
-The fear of the affair being revealed was the cause and justifiable sense of being seriously wronged
Justifiable sense of being seriously wronged: POL R v Clinton
Sexual infidelity can be relevant to the defence of loss of control if it is not the only trigger
A person of D’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same way: POL R v Meanza
Mental illness was not relevant to the objective test. SHould use DR
A person of D’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same way: POL R v Rejmanski
Mental illness could be considered if there was enough evidence
A person of D’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same way: POL R v Asmelsh
Stated that voluntary intoxication could not be considered in loss of control.
