Loss If Control

Question 1

3 important test for loss of control?

Answer 1

1)The loss of self control
2)The Qualifying Triggers
3)Objective test

Question 2

What is the loss of self control?

Answer 2

•Loss of control does not need to be sudden which means there are may be time delay between qualifying trigger

Question 3

Important cases for The loss of self control?

Answer 3

-Ibrams and Gregory-Plan was carried out 4 days
-Evans-Decided to take revenge on his wife

Question 4

S55 identifies 3 Qualifying Triggers?

Answer 4

-S55(3) D fear of serious violence from against D or another Person
-S55(4) Things done or said which caused D to have justifiable sense of being seriously wronged
-Combined S55(3) and S55(4)

Question 5

What Restrictions upon Qualifying trigger?

Answer 5

1) D fear of serious violence is to be disregarded if D incited something to be done or provide an excuse to use violence
2) D incited a thing to be done or said caused him a sense of being wrong.Provide excuse to use violence sense of being seriously wrong is not a qualifying trigger
3) Sexual infidelity is to be disregarded as a trigger by itself but if sexual infidelity is present with another trigger it will be qualified

Question 6

What is Objective test?

Answer 6

courts compare D to a reasonable person of the same age/gender and similar characteristics and how they might reasons

Question 7

What does Clinton case state?

Answer 7

Makes clear that anything with sexual infidelity would also be relevant

Question 8

What does Mohammed case state?

Answer 8

D short temper could not be taken into considerations related to D capacity of tolerance