C/loss of control scaffold

Question 1

lost self control?

Answer 1

• must be proven d lost self control
  -it not need to be sudden however longer it is more likley d regained control (ibrham and gregory)
  -desire of killing (baillie)

Question 2

qualfying trigger ?

Answer 2

-must be proven qualfying trigger
-fear trigger (martin)
-anger trigger (bowyer)
-combination of both triggers

Question 3

three restrictions ?

Answer 3

-d incited something said or done to provide him with an excuse with violence
-incited for feeling seriously wronged providing an excuse
-if anything is done with sexual infidelity (cheating)

Question 4

objective test ?

Answer 4

-a person of the same age and sex a normal degree of tolerance might have reacted in the same way
- a charateristic such as bad temper are excluded from the test

Question 5

outro ?

Answer 5

Therefore D can/cannot use this to reduce their charge to voluntary manslaughter.