LOC

Question 1

What did Loss of Control replace?

Answer 1

Provocation

Question 1

What must you prove first? Where does it apply? Is the burden of proof reversed?

Answer 1

Murder
D intended Death or GBH But has an excuse
Burden of proof is not reversed

Question 2

What act declared LOC?

Answer 2

S54 + S55 of Corners and Justice Act 2009

Question 3

What are the requirements needed for LOC?

Answer 3

1) D must have lost self-control
2) There must be a qualifying trigger
3) Reasonableness of D’s response

Question 4

Describe D having lost self control

Answer 4

Need not be sudden and temporary any more but the longer the gap the more likely not to be allowed. eg Jewell 2014 (new law)

New rule is kinder to killer who has cooling off period. Courts can now take this into account rather than one breaking incident.

Question 5

What was thec ase where D had loss of sleep, tired and depressed, and used a shotgun to kill V and fled the scene and LOC was not allowed?

Answer 5

Jewell 2014

Question 6

Describe the need to be a qualifying trigger

Answer 6

Fear of serious violence trigger
Subjective test - D must show genuine fear for V, does not need to be reasonable, must be due to fear of death or serious violence from V against D or another identifiable person. VIctory for Ahluwalia as evidence of V’s bad character is of value (Ahluwalia battered wife syndrome)
Old law on provocation did not allow a defence where D lost control through fear of violence, unlike the old provocation law, but they cannot use the trigger if self induced eg Martin (Anthony) 2002 or Dawes 2013

Things said or done/anger trigger - D’s LOC was attributable to things said, done or both which:
a) Constituted circumstances of extremely grave character AND
b) Caused D to have justifiable sense of being seriously wronged

Many cases where D able to use def would now not come within defence of loss of Control eg Doughty 1986 or Zebedee 2012

Question 7

What are the cases where:
1) Lived in isolated farm, two people broke into it, shot the two people killing one and injuring the other, self defence rejected, Provocation not allowed, DR allowed after appeal. LOC may now apply though.

2) D found wife & V on sofa. Fought. killed both w/ knife. Neither threatened him, so no LOC.

3) D killed baby due to it crying. Crying was provocation. Murder quashed and provocation allowed - would not be justifiable under new law.

4) 94 yo father soiled self. D lost control and killed. LOC not allowed, not extremely grave or justifiable.

Answer 7

1) Martin 2002

2) Dawes 2013

3) Doughty 1986

4) Zebedee 2012

Question 8

What are excluded matters in the need of a qualifying trigger?

Answer 8

EXcluded matters s55(6):
1) Revenge cannot be a trigger, old law unchanged - Ibrams & Gregory 1981.

2) Sexual infidelity alone is excluded unless combined with another factor (Clinton). Used to be allowed, no longer is

It is difficult to separate from other triggers, eg D kills husband due to raping her sister, act of infidelity may be excluded but the qualifying trigger could be the rape.
Clinton 2012
Self induced provocation is no trigger Dawes 2013

Question 9

What is the cases where…

1) D+D terrorised by ex. DD planned to attack ex but killed him. 5 day gap between original provoking made it revenge, so no LOC.

2) Infidelity part of def, not on its own. Wife cheated on him but also taunted him. Mocked him and threatened to take kids if she just had affair, D couldn’t of used LOC.

Answer 9

1) Ibrams & Gregory 1981

2) Clinton 2012

Question 10

Describe Reasonableness of D’s response

Answer 10

Person of D’s age and sex with normal degree of tolerance & self-restraint and in circumstances of D might have reacted in same way as D. eg might normal woman with ordinary level of self-control, 23 years old, beaten regularly, would have killed D aswell?
a) Normal standard of self-control expected
b) In the relevant circumstances of D

Question 11

Describe normal standard of self-control expected

Answer 11

Explains power of self control expected of them, age and sex otherwise objective, repugnant characters eg glue sniffing excluded, perso with less than normal tolerance needs a medical reason and plead DR eg Camplin

Question 12

Describe int he relevant circumstances of D

Answer 12

Responding to gravity of P, might a normal person react in the samew ay? Excludes short temper and characteristics affecting self control eg jealousy or depression or alcoholism. Includes history of abuse, eg battered wife syndrome. Gregson 2006 + Rejmanski 2017

Question 13

What was the case where it questioned whether an unemployed depressed epileptic taunted would have done the same

What was the case where a Jury could consider army experience causing PTSD

Answer 13

1) Gregson 2006

2) Rejmanski 2017

Question 14

Must a Judge have sufficient evidence for LOC and do they bring it up in court?

Answer 14

Yes. Christian 2018

Question 15

What was the case where D killed two flatmates over argument about hot water. Judge ruled that LOC could not go to jury as although there was evidence he decided no jury could find a reasonable person might have behaved that way.

Answer 15

Christian 2018