32 Questions
The Coroners and Justice Act 2009, s54 abolished the defence of loss of control and replaced it with the defence of provocation.
False
The loss of self-control in the context of the Coroners and Justice Act 2009, s54 is an objective test.
False
The qualifying trigger for the loss of control defence includes a fear of serious violence from the defendant against the victim.
False
According to the R v Jewell case, the defendant's planning and preparation before the killing supported a claim of loss of self-control.
False
The loss of control defence is a complete defence to murder, resulting in an acquittal.
False
The three-part test for the loss of control defence includes a requirement that the defendant acted in a premeditated manner.
False
The defence of provocation was only available following a sudden and temporary loss of control.
True
In R v Duffy, the court held that the defendant was not entitled to the defence of provocation.
False
The new partial defence of 'loss of control' excludes considered revenge.
True
The fear of serious violence, as stated in s54(2), is assessed objectively.
False
Consciously inciting violence will undermine a loss of self-control defence.
True
Things said or done must constitute extremely grave circumstances and cause the defendant to have a justifiable sense of being seriously wronged.
True
Sexual infidelity is always a qualifying trigger for the defence of loss of control.
False
The objective test for the defence of loss of control asks whether another person with normal tolerance and self-restraint would have killed.
True
A defendant's age and sex are irrelevant to the objective test for the defence of loss of control.
False
The case of R v Rejmanski & Gassman established that insulting comments about a person's military service can be a qualifying trigger for the defence of loss of control.
True
What is the primary purpose of the 'loss of control' defence?
To provide a partial defence to murder
What is the main difference between the 'loss of control' defence and the former 'provocation' defence?
The 'loss of control' defence is a new partial defence
What is the significance of the defendant's age and sex in the 'loss of control' defence?
They are irrelevant to the objective test
What is the impact of planning and preparation on a 'loss of self-control' defence?
It undermines a claim of loss of self-control
What is the relationship between the 'loss of control' defence and the concept of murder?
The 'loss of control' defence is a partial defence to murder
What is the primary focus of the subjective part of the 'loss of control' defence?
The defendant's loss of self-control
In the case of R v Donachie, why did the court hold that the defence of provocation succeeded?
Because of adultery, which was considered a provoking act at the time.
What is the purpose of the new partial defence of 'loss of control'?
To solve the issues of delay and considered revenge in the old defence of provocation.
In R v Ahluwalia, what was the outcome of the case?
The court held that the defendant's act was a slow burn reaction rather than a sudden loss of control.
What is required for a fear of serious violence to be considered a qualifying trigger for the defence of loss of control?
The fear must be of violence from the victim.
What is the effect of consciously inciting violence on the defence of loss of control?
It undermines the defence.
What is the purpose of the requirement that things said or done must constitute extremely grave circumstances and cause the defendant to have a justifiable sense of being seriously wronged?
To exclude trivial or unjustifiable killings.
In R v Dawes and others, what did the court hold?
The defendant was guilty of murder.
What is the significance of the case of Clinton?
It allowed sexual infidelity to be considered as part of a wider context.
What is the purpose of the objective test in the defence of loss of control?
To understand and partially excuse the defendant's conduct.
What is the significance of the phrase 'all circumstances' in s54(3) of the Coroners and Justice Act 2009?
It excludes characteristics that bear on the defendant's general capacity for tolerance and self-restraint.
Explore the partial defence to murder, loss of control, as outlined in the Coroners and Justice Act 2009. Learn about the 3-part test and qualifying triggers in this homicide law quiz.
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