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Loss Of Control Notes

This is a sample of our (approximately) 3 page long Loss Of Control notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.

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Loss Of Control Revision

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Loss of control

Background:







Existed at common law for hundreds of years Put in statute in 1957 but was completely changed by Coroners and Justice Act 2009 which created new partial defence of loss of control S3 Homicide Act 1957 Defence of provocation was too readily available Forgets victim Confusion about objective reasonable person test which became more subjective, then changed back to being objective - concerns Partial defence for murder - reduces conviction to voluntary manslaughter 2006 Law Commission proposed wholesale reform of provocation

Rational:


Concession to human frailty - make mistakes Acknowledging that not all people who kill should be labelled a murderer or face mandatory life sentence - stigma S3 of 1957 Act made it difficult for some people, especially women, to get defence

Old law:

Element 1 - sudden and temporary loss of control e.g. Duffy/
Thornton/ Aluwahlia Element 2 - caused by things said or done e.g. Doughty/ Camplin - included sexual infidelity and self-induced provocation - excluded revenge and retaliation Element 3 - objective reasonable person test was applied which, since AG for Jersey v Holly 2005, has been a subjective test e.g. including age and gender

Element 1 - s54(1)(a):

D must have a loss of control resulting in their acts or omissions

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