LOC
- Created by: ellasmith.
- Created on: 08-04-20 12:05
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- Loss of Control
- s54 (1) of the Coroners and Justice Act 2009 - where a person kills D or is a party to the killing of another, D is not to be convicted of murder if:
- D must suggest LOC as more than a 'bare assertion' - R v Jewell
- D must have lost self control
- Does not need to be sudden- delay is allowed but longer the delay the less likely the jury will believe there was LOC - Ahluwalia
- LOC defence not allowed if killing was done in a 'desire for revenge'. (R v Baillie) Any scenario with time to plan will not qualify - Ibrams and Gregory
- Qualifying Triggers
- 1. Fear of serious violence against D or another
- Cannot use if D incited violence as an excuse to use force - R v Dawes
- 2) Things done and/or said which constituted circumstances of grave character AND caused D to have a justifiable sense of being seriously wronged
- Sexual infidelity alone is not sufficient but can be considered when deciding if someone would have acted in the same way
- 1. Fear of serious violence against D or another
- A person of D's sex and age, with normal tolerance and self restraint and in the same situation, might have reacted in the same way as D
- Any personality disorder of D is NOT to be considered but a mental disorder, medically recognised should be - REJMANSKI
- Voluntary intoxication should NOT be considered - ASMELASH
- If jury believe a normal person may have lost control but not acted in the same way as D, no LOC is upheld - Van Dongen
- s54 (1) of the Coroners and Justice Act 2009 - where a person kills D or is a party to the killing of another, D is not to be convicted of murder if:
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