R v Jewell (2014) | A-Level Law | Key Case Summaries | Criminal Law скачать в хорошем качестве

R v Jewell (2014) | A-Level Law | Key Case Summaries | Criminal Law

It is the role of the judge to determine if there is sufficient evidence to put loss of control to the jury, whilst the term ‘loss of control’ is not defined in the statute, the academic definition of ‘… a loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning’ is acceptable. #alevellaw #alevellawcasesummaries #alevelcriminallaw VIDEO CHAPTERS 00:00 Introduction 00:13 Case facts 01:26 Case outcome & legal principle CASE SUMMARY Facts: The defendant and victim worked together, and the defendant would as a matter of agreement, collect the victim for work in the morning. One morning when collecting the victim, the defendant got out of his van and shot the victim twice in the stomach killing him. When apprehended by police later the same day, the defendant was found to have a gun, ammunition, knives and a number of other items. The defendant denied intending to kill but instead said he had ‘snapped’, that it was like there was an injection or explosion in his head as a result of intimidation leading up to the event, believing the victim to be one of the perpetrators. Whilst the defendant denied a premeditated murder, he had stolen the van the night before and made arrangements for his cat so he could leave immediately the next day, which he attempted to do. The judge ruled that there was insufficient evidence to raise the defence of loss of control. Outcome: Defence of loss of control not allowed. Legal principle: A judge does not have to leave the defence of loss of control to the jury where they believe that no jury could properly conclude there is a basis for the defence. Further, whilst there is no definition of loss of control within the statute, an appropriate academic definition that can be followed is ‘… a loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning’.