Coroners and Justice Act 2009 section numbers

Question 1

s54(1)(a)

Answer 1

D’s acts and omissions must have resulted in a loss in self control

Question 2

s54(1)(b)

Answer 2

D’s loss of self control had a qualifying trigger

Question 3

s54(1)(c)

Answer 3

Objective and subjective test:
A person of D’s age and sex with a normal degree of tolerance would have acted the same in that situation

Question 4

s54(2)

Answer 4

D’s loss of control need not be sudden

Question 5

s54(3)

Answer 5

Circumstances of D refer to all circumstances of situation except those that only affect D

Question 6

s54(4)

Answer 6

D cannot use the defence if he acted out of a considered desire for revenge

Question 7

s55(3)

Answer 7

Fear trigger:
D’s loss of control must come from a fear of serious violence from V against himself or another identified person

Question 8

s55(4)

Answer 8

Anger trigger:
D’s loss of self control must come from things said or done that give D a justifiable sense of being seriously wronged

Question 9

s55(5)

Answer 9

Combination of the fear and anger trigger

Question 10

s55(6)(a) and (b)

Answer 10

D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence

Question 11

s55(6)(c)

Answer 11

Something said or done constituting sexual infidelity must be disregarded