Fatal Offences Acts Flashcards
S54 and S55 Coroners and Justice Act 2009
Loss of Control
S54(2)
There must be a loss of control
S54(1)(b)
There must be a qualifying trigger
S55(3)
Fear of serious violence
S55(4)
Things said or done
S55(5)
Both triggers together
S55(6)(c)
Sexual infidelity is to be discarded
S55(6)(a) and S55(6)(b)
Triggers will not met if they have been incited by d him/herself to provide an excuse for violence
S54(1)(c)
The normal person test
S.2 Homicide Act
Diminished responsibility 1
S52 Coroners and Justice Act 2009
Diminished responsibility 2
S52(1)(a)
Arises from a recognised medical condition
S52(1)(b)
Substantial impairment of ability
S52(1A)(a)
Understand their conduct
S52(1A)(b)
Form a rational judgement
S52(1A)(c)
Ability to exercise self control
S52(1)(c)
Provides an explanation of the D conduct
S52(1B)
Must be the “cause” or be a “significant contributory factor” in causing the D to kill