Flashcards
Loss of control
Cards in this deck (16)
- 1Jewell (case facts)D murdered his colleague. D felt he was being intimidated by V and others. He claimed that v said he had 2 days left. D started to collect certain things including a shotgun, spare ammunition a smaller gun, CS gas and spare clothes. He shot V twice at point blank range
- 2Jewell (legal principle)The court defined loss of self control as 'losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning'
- 3Dawes (legal principle)A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately
- 4Clinton (legal principle)- 1D must fear serious violence
- 5R v Ellis (case facts)D1 and D2 were brothers. They killed V, their step father who had alleged previously attempted to kill D1. D1 instigated the plan; D2 went along with it. Only D2 was successful
- 6R v Ellis (legal principle)The qualifying trigger is to be judged subjectively, from D's point of view
- 7EvansStabbed his wife to death in a spontaneous eruption of violence after he refused his offer of a cup of tea. He was not successful. It was not extremely grave
- 8ZebedeeV was an old and infirm man who was doubly incontinent. D, V's son and carer killed him in a fit of anger. Did not give a justifiable sense of being seriously wronged
- 9Hatter (case facts)D stabbed his girlfriend after an argument over the break up of their relationship
- 10Hatter (legal principle)"the break up of a relationship will NOT normally constitute circumstances of an extremely grave character
- 11R v BowyerD had entered the V's home intending to burgle him. Bowyer beat him to death. The court rejected both of the triggers
- 12R v Clinton (case facts)V revealed to D she was having an affair. She had also laughed and taunted him about him looking at suicide website
- 13R v Clinton (legal principle) -2Sexual infidelity cannot be relied upon on its own as a qualifying trigger, but it's existence does not prevent reliance on the defence where other qualify triggers exist.
- 14AG for Jersey v HolleyObjective test with subjective elements
Subjective - A person of D's age and sex in the circumstances of D
Objective- With a normal degree of tolerance and self restraint - 15MohammedD a devout Muslim with a reputation for being strict, violent and short tempered. He returned from the mosque to find his daughter with a man. He stabbed her 19 times
- 16Asmelash (legal principle)Drunkenness could not be considered
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- A - Level Law (Voluntary Manslaughter ) Flashcards on Loss of control, created by Yasmine King on 10/06/2017.
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- Yasmine King
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