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Loss Of Control Intro Lesson
1. Evaluation:
How well are you doing and what can you do to
improve your brilliance?
Look at the comments on your essays:
ï± What have you done well?
ï± What could you improve?
You are going to pick one thing to
improve on in your next essay
Warning: if you achieve a P for your
essays or tests,, you will have to rewrite
them.
Your progress is in relation
to your ALPS score.
Green â above ALPS
Amber â on ALPS
Red â below ALPS
...and these notes will give
you some pointers on
where to go from here!
What are you aiming
to achieve in A2 Law
this year?
Mark Boundaries
for DRAG tests:
A 24
B 21
C 18
D 15
P 12
You should complete the sections
in orange.
Please ask if you are not sure
about anything.
2. Homework
Write up your response to the
Attempts essay we completed in
class, aiming to improve your
attainment by one level in both
AO1 and AO2
Due: 25th October 2013
3. Provocation:
Is old law bad law?
Where on a charge of murder there is evidence on
which the jury can find that the person charged was
provoked (whether by things done or by things said or
by both together) to lose his self-control, the question
whether the provocation was enough to make a
reasonable man do as he did shall be left to be
determined by the jury; and in determining that
question the jury shall take into account everything
both done and said according to the effect which, in
their opinion, it would have on a reasonable man, with
those characteristics.
s.3 Homicide Act 1957
4. Starter:
What do you think?
Who is deserving of a partial defence?
D, who is a glue sniffer, is
taunted about being a
glue sniffer, and stabs V
multiple times, killing
him.
D is terrified of V, who has been
bullying him, and plots to scare
him off. However, it goes wrong
and D kills him.
D is raped by V, who taunts him about it and laughs. D
hits him over the head, killing him.D is impotent and is taunted and kicked by V, a prostitute,
about it. He responds by killing her.
Dâs girlfriend is raped by V. who taunts him, saying she
wanted to sleep with him. D kills him
D kills his ex-girlfriend over
her friendships with other
men. He is very jealous.
D discovers his brother is being sexually abused by his father. He
and his brother equip themselves and kill the father.
D , who is quite young,
has a 17 day old baby
who cries all night. D kills
him.
Dâs wife nags him over
the way he cuts the
meat. He strangles and
kills her.
D, whose boyfriend is
her pimp and has
joked about gang
raping her earlier that
evening, then taunts
her for not even being
able to kill herself
properly. D stabs him.
ï± All of you will be able to decide who should
be liable for murder, and who for
manslaughter.
ï± Most of you should be able to explain why
ï± Some of you will be able to look at the
manslaughter cases, and draw out three
general rules.
5. Task:
Working out the essentials
Each pair or three has one of the main three elements to look at.
You are going to produce a visual A3 summary and a short presentation outlining
the key issues affecting your area of provocation.
Each group must produce (E):
ï±A clear definition (how has the court interpreted that area?)
ï±Two images related to your area.
ï±Three basic pieces of information about the area e.g. Type of things covered; key rule(s) covering
the area; exclusions; one problem; one key case etc.
Each group should also include (C):
ï±Four linked cases (at least one of which should be controversial!)
ï± One pun or joke related to your area
Each group could also include (A):
ï±Two questions to consider. (These could be problems, issues or criticisms with your area)
ï±A scenario question which highlights the issues in your area.
6. Introduction:
Did the old law work?
Before we look at the current law, we need to look at why it needed to change...
And then afterwards we can look at whether the changes were worth it!
Where on a charge of murder there is evidence on
which the jury can find that the person charged was
provoked (whether by things done or by things said or
by both together) to lose his self-control, the question
whether the provocation was enough to make a
reasonable man, with the characteristics of D, do as he
did shall be left to be determined by the jury; and in
determining that question the jury shall take into
account everything both done and said according to
the effect which, in their opinion, it would have on a
reasonable man.
s.3 Homicide Act 1957
7. Can you complete the details?
Means? Includes?
Key rules
Controversial
because...
Key case(s)
âThings said or
doneâ
âLose self controlâ
âenough to
provoke the
reasonable man
with the
characteristics of
Dâ
8. Provocation:
Is old law bad law?
Where on a charge of murder
there is evidence on which the
jury can find that the person
charged was provoked (whether
by things done or by things said
or by both together) to lose his
self-control, the question whether
the provocation was enough to
make a reasonable man in those
circumstances do as he did shall
be left to be determined by the
jury; and in determining that
question the jury shall take into
account everything both done
and said according to the effect
which, in their opinion, it would
have on a reasonable man.
s.3 Homicide Act 1957
Using what you have learnt so far this
lesson, and the teaching of your fellow
students, answer the question at the top of
this page in your green books.
ï±All of you should be able to point out the
key problems with the old law (covering all
three areas!).
ï±Most of you should be able to support
your conclusions with reference to relevant
cases.
ï±Some of you should be able to identify
what changes you expect the new law to
contain.