Loss of Control - Unit 3 - Flashcards in A Level and IB Law

Created by: Carissa
Created on: 04-06-15 13:45

Definition of loss of control - s54(1) Coroners and Justice Act 2009

Will not be convicted of murder if: a) D's act/omission resulted from a LoC b) The LoC had a qualifying trigger c) A person of the same age & gender with a normal degree of tolerance & self restraint may have reacted in a similar way

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s54 (2) and Ahluwahlia

Does not have to be sudden - as it did in the old law of provocation

2 of 12

s54 (4)

Large timescale may indicate a considered desire for revenge

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s55 (3) Fear trigger

Defendant's fear of violence from V against him or another identified person

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s55 (4) Anger trigger

A thing said or done, or both, which: constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged

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s55(6)(c) Sexual infidelity

Anything said or done in relation to sexual infidelity is to to be disregarded

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AG for Jersey v Holley (2005)

Combination of taunting 'you haven't got the guts' and sexual infidelity. Unlikely to succeed based on taunting alone. Short temper is excluded.

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R v Clinton

The court stated that sexual infidelity, although disregarded as a trigger, can be looked at within the circumstances

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Objective test (AG for Jersey v Holley (2005) following Camplin)

A person of the same age & gender with a normal degree of tolerance & self restraint may have reacted in a similar way

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Gregson

Characteristics cannot be considered in the level of self control to be expected to D, but can be considered in terms of how quickly they become provoked.

10 of 12

Thornton

There cannot be a 'cooling off' period

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Humphries

The trigger may be cumulative

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Other cards in this set

Card 2

Front

Does not have to be sudden - as it did in the old law of provocation

Back

s54 (2) and Ahluwahlia

Card 3

Front

Large timescale may indicate a considered desire for revenge

Back

Card 4

Front

Defendant's fear of violence from V against him or another identified person

Back

Card 5

Front

A thing said or done, or both, which: constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged

Back

View more cards

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Loss of Control - Unit 3