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Flashcards

Loss of control

Yasmine King Law A - Level English 16 cards

Cards in this deck (16)

  1. 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
  2. 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'
  3. 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
  4. 4Clinton (legal principle)- 1D must fear serious violence
  5. 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
  6. 6R v Ellis (legal principle)The qualifying trigger is to be judged subjectively, from D's point of view
  7. 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
  8. 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
  9. 9Hatter (case facts)D stabbed his girlfriend after an argument over the break up of their relationship
  10. 10Hatter (legal principle)"the break up of a relationship will NOT normally constitute circumstances of an extremely grave character
  11. 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
  12. 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
  13. 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.
  14. 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
  15. 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
  16. 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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