Loss of control Flashcards
(8 cards)
What is loss of control and where it is defined in?
a person will not be guilty of murder if the killing resulted from a loss of control which had a qualifying trigger and a persons of d’s sex and age would’ve acted the same way
it is defined within s54(2) of the coroners and justices act 2009
what is s54(2) of loss of control and what case is this defined in
must be a total loss of control. This can be a sudden snap can be instead be a slow burn reaction
Jury can take past life experiences into account
(R v Jewell)
What is fear of violence (qualifying trigger) and what case is this defined in?
a fear of serious violence from the victim to themselves or another identifiable person. it is a subjective test and D must show that they have lost control due to genuine fear
what are the things said or done(QT) and what case is this defined in?
A-any things said or done
B-which constitute a grave character
C-D a justifiable sense of being seriously wronged
(R v Zebedee)
what are excluded matters of sexual infedelity and what case is this defined in?
where the v has been unfaithful to the d, they will not be able to claim the partial defence unless the infedility forms a wider contract of things said or done
(R v clinton)
what are excluded matters of revenge
acting out of considered desire for revenge can never be regarded as a loss of control. This is even where there or have been said things said or done is a fear of serious violence
what is the standard of self control and what case is this defined in?
a person of D sex and age with ordinary levels of tolerence and self restraint and in the cirumstance of the d might’ve acted the same or in a similiar way
(r v rejmanski)
intoxication+LOC
voluntarily intoxication cannot be considered within LOC however if sober in the circumstance as the d with a normal degree of tolerence and self restraint mightve behaved the same way when confronted with the qualifying trigger then d may be able to rely on the defence
(r v asmelash)
