Loss of control

Cards (43)

  • Where is the law on loss of control found?
    ss54-55 Coroners and Justice Act 2009
  • What is the three stage test for loss of control?
    1 ) D. must lose control 2 ) Because of a qualifying trigger 3 ) A person with the D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstance of the D., might have reacted in the same way
  • What section of the Coroners and Justice Act 2009 is the "The D. must lose control" stage found in for the test of loss of control?
    s54(2)
  • What section of the Coroners and Justice Act 2009 is the "Because of a qualifying trigger" stage found in for the test of loss of control?
    s55
  • What section of the Coroners and Justice Act 2009 is the "A person of the defendant's same sex or age..." stage found in for the test of loss of control?
    s54(1)(c)
  • What section of the Coroners and Justice Act 2009 is the law on the Fear Trigger found in for loss of control?
    s55(3)
  • What section of the Coroners and Justice Act 2009 is the law on the Anger Trigger found in for loss of control?
    s55(4)
  • What section of the Coroners and Justice Act 2009 are the restrictions for the qualifying triggers found in for loss of control?
    ss55(6)
  • What does the case of "R v Jewell" say about loss of control?
    It is considered to mean the loss of an ability to act in accordance with considered judgement or a loss of normal powers of thinking
  • What case states loss of control "is considered to mean the loss of an ability to act in accordance with considered judgement or a loss of normal powers of thinking"?
    R v Jewell
  • What does the loss of control not need to be?
    Sudden
  • What can the jury take into account?
    The cumulative impact of events
  • What are the two qualifying triggers for loss of control?
    Fear trigger and the Anger trigger
  • What is the fear trigger in loss of control?
    The D. must fear serious violence from the V.
  • What must the serious violence the D. fears in the fear trigger not be?
    Incited by the D.
  • What type of test is the fear trigger?
    Subjective test
  • What will the defendant have to show for the fear trigger?
    They genuinely feared that the V. would use serious violence
  • What doesn't actually have to happen for the fear trigger?
    Violence - can be feared
  • What must the violence be no less than for the fear trigger?
    Serious violence
  • What is the anger trigger in loss of control?
    Can be something done and/or said by the V. that constitutes circumstances of an extremely grave character and caused the D. to have a justified sense of being wronged
  • What does "R v Davies" say about things done and/or said for the anger trigger?
    It doesn't have to be the victim who says/does the things
  • Which case says "It doesn't have to be the V. who says/does the things" in relation to "things done and/or said" for the anger trigger?
    R v Davies
  • What does "that constituted circumstances of an extremely grave character" mean in the definition of the anger trigger?
    Really serious nature
  • Why is the anger trigger tougher to prove than the fear trigger?
    It is an objective test
  • What does "R v Hatter" say about the breakdown of a relationship for the anger trigger?
    It is not sufficient for the anger trigger
  • What case says "The breakdown of a relationship is not sufficient" for the anger trigger?
    R v Hatter
  • What is the objective test for the anger trigger?
    What would the reasonable person think was enough to make the D. justified in feeling seriously wronged
  • What is a case where the reasonable person would not agree that the defendant was justified in feeling seriously wronged?
    R v Mohammed
  • What are the restrictions on the qualifying triggers for loss of control?
    If the D. has incited the violence that they now fear, unpleasant conduct by itself is not enough, sexual infidelity by itself will not qualify
  • What section is the restriction "If D. has incited the violence that they now fear" on the qualifying triggers for loss of control found?
    s55(6)(a)
  • What section is the restriction "Unpleasant conduct by itself is not enough" on the qualifying triggers for loss of control found?
    s55(6)(b)
  • What section is the restriction "Sexual infidelity by itself will not qualify" on the qualifying triggers for loss of control found?
    ss55(6)(c)
  • What does the case of "R v Clinton" say about sexual infidelity for the anger trigger?
    It cannot be excluded if part of a wider context
  • What does "R v Baillie" say about loss of control?
    It is not available for those who act in a considered desire for revenge
  • What circumstances of the defendant can be taken into consideration for loss of control?
    All of the D's circumstances except those whose only relevance to the D's conduct is that they affect the D's capacity for tolerance/self-restraint or intoxication
  • Which case showcases "Epilepsy, unemployment and depression" as relevant circumstances to be considered in loss of control?
    R v Gregson
  • Which case showcases "Sexual abuse as a child" as a relevant circumstance to be considered in loss of control?
    R v Hill
  • Which case showcases "Intoxication" as NOT a relevant circumstance to be considered in loss of control?
    R v Asmelash
  • Which case shows that being bad tempered is not a relevant circumstance for loss of control?
    R v Mohammed
  • What is the relevant circumstances shown in the case of R v Gregson?
    Epilepsy, unemployment and depression