Loc Flashcards
1
Q
What act
A
Coroners and justice act 2009
2
Q
What did it replace
A
The law of provocation
Introduced in the coroners justice act 2009
3
Q
Elements
A
- d lost complete self control
- qualifying trigger
- a person of the same sex, age must have reacted the same way ( objective test )
4
Q
Qualifying trigger
A
1 A fear of violence
2 Things said or done
5
Q
R v dawdes
A
A fear of violence cannot be used if d is original aggressor
6
Q
R v ward
A
Fear of violence can be for the safety of others
7
Q
R v Jewell
A
Loc canot be partial
8
Q
R v bowyer
A
The defendant had no justified sense of being wronged
9
Q
R v zebedee
A
If circumstances are extremely grave to give the d a justified sense of being wronged
10
Q
R v Clinton
A
Sexual infidelity does not count as a qualify trigger
11
Q
R v rejmanski
A
In considering a person of the same sex and age, other factors such as ptsd will be taken into account
12
Q
R v Christian
A
Burdain of proof is on the prosecution
