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: What have you done well? 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 – above ALPS Amber – on ALPS Red – 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. D’s 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. D’s 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. All of you will be able to decide who should be liable for murder, and who for manslaughter. Most of you should be able to explain why 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): A clear definition (how has the court interpreted that area?) Two images related to your area. 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): Four linked cases (at least one of which should be controversial!) One pun or joke related to your area Each group could also include (A): Two questions to consider. (These could be problems, issues or criticisms with your area) 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) “Things said or done” “Lose self control” “enough to provoke the reasonable man with the characteristics of D”
- 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. All of you should be able to point out the key problems with the old law (covering all three areas!). Most of you should be able to support your conclusions with reference to relevant cases. Some of you should be able to identify what changes you expect the new law to contain.