LOC Flashcards
what is element 1
D must have killed as a result of a loss of self control
what can LOC not be
a revenge/ planned/. premeditated attack
jewel
D shot V he was later arrested with a tent, clothes, weapons (survival kit) in his car
NO LOC
POL- was a planned attack
what is element 2
qualifying triggers are considered
1. fear trigger
2. anger trigger
what is the fear triggers standard
must fear serious violence, to V or someone else
what is the anger trigger standard
must be serious (grave) and justifiable (objective test) for when considering things said / done to D
hatter
D killed V discovering she was seeing someone else
NOT LOC
POL- not grave/ justifiable when loosing self control- cant be LOC for affair
what is element 2 pt.2 s55(6)
excluding triggers
what are the 2 excluding triggers/ terms
1- D cannot insight a situation to allow him to use violence
2- affairs are excluded but taunts about affairs can be allowed
what are taunts that can amount to a trigger, which trigger does this amount to
-hurtful comments
-photos
-messages
-amount to anger trigger
Clinton
D killed his ex-wife following taunts about affairs & mental illness , situation made him clinically depressed
WAS LOC
POL- things said/ done about an affair can amount to a qualifying trigger
what is element 3
Ds response to the situation he’s in will be measured against an RM , same age, sex would react the same way in the given situation
what things are considered for element 3
-depression, affairs, abuse
what things will not be considered for element 3
-jealousy, aggression, intoxication
amelash
D was drunk and was being taunted, he stabbed V killing him
NO LOC
POL-drunkness is not considered when comparing to RM tolerance
