Please enable JavaScript.
Coggle requires JavaScript to display documents.
Case studies on LoC (Case : Clinton (D and his wife suffered from…
Case studies on LoC
Case : Clinton
D and his wife suffered from depression. Wife left for a trial separation for 4 weeks and D was left with children and he cannot cope and he looked at suicide websites.2 weeks later found wife having an affair and wanted to meet up to tell the children they are not together any more. But at the meeting he killed her by repeatedly hit her head with a wooden baton and taking pictures of her naked body in diff poses and sent it to his lover. Loss control for 3 reasons : (laughing at him for looking at suicide websites / not wanting the children and her having sex with 5 other men)
LoC doesn't have to be sudden but it must be 'lost' + the greater the deliberation, the less likely it will be LoC
-
the question as to whether the circumstances were “extremely grave” and whether D had a “justifiable sense of being seriously wronged” required objective evaluation.
Sexual infidelity cannot provide an excuse for LoC however, if there is an additional trigger the defence can still be considered.
A delay will not necessarily defeat the defence as people don’t always react in the same way. Earlier events can also be considered.
Dawes
D went to wife (V) house and found her and Graham Pethard (G) (legs entwined). Woke him up and kept punching his face and after used a bottle. D says G grabbed bottle later and hit D with it. D was angry and got a knife and stabbed G in the neck. Self defence not considered.
The LoC can be due to cumulative factors in a situation where there is a final trigger which makes the D lose control.
Ahluwalia
D poured caustic soda on her sleeping husband and set him on fire and the husband was found to be having an affair with someone (arranged marriage) - BWS
-
-
The fear of violence can be directed at the D or some other identifiable person. (e.g. brother (s.55))
Ward
D, his brother, V became friends. Spent most of time drinking + drugs. Following morning V waited outside the house for a taxi, but because it was cold they went back to house. Accidently V head-butted D’s brother.D came to brother's aid and hit V with pickaxe handle causing severe injuries and he later dies. D pleaded guilty of manslaughter on ground of LoC (accepted by jury)
Ultimately the decision as to whether the D was seriously wronged is a question of fact for the jury to decide upon.
Zebedee
D lost control when his father (V) 94 years old suffered from Alzheimer and was doubly incontinent (unable to control the excretion both of urine and the contents of the bowels). D killed V. D put forward defence of loss of control but still convicted of murder - later conviction was upheld
The jury must be satisfied that a person of the same age and sex as D with ordinary powers of tolerance and self restraint and in the circumstances of D would have acted in the same or a similar way.
Dpp v Camplin
D (15 year old boy) killed man by hitting his head with chapati pan. defence of provocation stating raised defence that the deceased had raped him and then laughed at him at which point he lost his control and hit him.
-
-
Circumstance wasn’t of extreme grave nature nor was D feeling seriously wronged. This does not count as LoC
Hatter
D had relationship with B and ended it without telling him and she was seeing another person. D went to her house with knife climbing upstairs window. D claimed he accidently stabbed V in chest and wrist
Ultimately the decision as to whether the D was seriously wronged is a question of fact for the jury to decide upon.
Bowyer
D and V both have a relationship with W (prostitute) and V was her pimp. D doesnt know W is prostitute and both know each others relation to W. D went to V house for burglary and during course he was disturbed by V and both had a fight. V revealed W is prostitute and was his best earner. D got angry and hit him then hang him up live, next afternoon = dead.