9282062
Description
Flashcards by Yasmine King, updated more than 1 year ago
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Created by Yasmine King
over 9 years ago
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| Question | Answer |
| Jewell (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 |
| Jewell (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' |
| Dawes (legal principle) | A reaction to circumstances of extreme gravity may be delayed. Different individuals in different situations do not react identically, nor respond immediately |
| Clinton (legal principle)- 1 | D must fear serious violence |
| R 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 |
| R v Ellis (legal principle) | The qualifying trigger is to be judged subjectively, from D's point of view |
| Evans | Stabbed 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 |
| Zebedee | V 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 |
| Hatter (case facts) | D stabbed his girlfriend after an argument over the break up of their relationship |
| Hatter (legal principle) | "the break up of a relationship will NOT normally constitute circumstances of an extremely grave character |
| R v Bowyer | D had entered the V's home intending to burgle him. Bowyer beat him to death. The court rejected both of the triggers |
| R 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 |
| R v Clinton (legal principle) -2 | Sexual 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. |
| AG for Jersey v Holley | Objective 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 |
| Mohammed | D 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 |
| Asmelash (legal principle) | Drunkenness could not be considered |
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