Criminal Defence Loss Of Control

Front 1

Act and sections

Back 1

Coroner's and justice act 2009 s.54 and 55

Front 2

What is LOC

Back 2

A partial defence which reduces murder to voluntary Manslaughter

Front 3

D is not to be convicted murder if:

Back 3

D suffered LOC

loss of self control had a qualifying trigger

A person of D's sex and age with a normal degree of tolerance and self restraint and in the circumstances of the D might have reacted in the same or similar way

Front 4

R v Workman

Back 4

Must be proven that the D lost self control while doing the act

Front 5

R v Jewell

Back 5

Courts will consider if D had normal powers of reasoning

Front 6

S54(2)

Back 6

Loss doesn't have to be sudden

Front 7

Can slow burn or a cumulative effect be used

Back 7

Yes

Front 8

Can the D lose control then regain it

Back 8

No because the D would have cooled off and would have regained control

Front 9

What are the qualifying triggers + sections

Back 9

Fear of violence (s 55(3))

Things said or done (s 55(4))

Front 10

Ward

Back 10

The D must fear serious violence from v or another identified person

Front 11

Dawes/s55(6)(a)

Back 11

Cannot use fear of violence if they incited the V

Front 12

What is things said or done + cases

Back 12

Must prove 2 points

Extremely grave character (Hatter)

Justifiable sense of being seriously wronged(Bowyer)

Front 13

What are the 2 excluded matters

Back 13

Sexual infidelity (clinton) s.55(6)(c)

Revenge s.54(4)

Front 14

What is the objective test?

Back 14

Whether 'a person of the D's sex and age with a norm degree of tolerance and self restraint and in the circumstances of the D might have acted in the same or similar way'

Age and sex is always considered

Front 15

Is a hot temper relevant

Back 15

No (s 54 (3))

Front 16

Asmelash

Back 16

Vol intoxicated isn't a relevant circumstance