Loss of Conrol

Question 1

act and stages

Answer 1

54 Cononers and Justice Act 2009 establishes a 3 stage test

Question 2

stage 1

Answer 2

S54(2) - must have lost sense of self control
does not need to be sudden but longer delay the less likely to get the defence
(Gregson) ds circumstances are also relevant in assessing whether they lost control (depression/epilepsy/unemployment)

Question 3

stage 2

Answer 3

S55 - loss of sense c must be due to qualifying trigger, 2 fear(pearson) anger(hatter)

Question 4

Fear

Answer 4

d fears serious violence to d or another person
subjective and d must have genuine fear (self defense)

Question 5

hatter

Answer 5

uses fully objective test (hatter)
SR : sexual infidelity can’t be used alone as things done but be another provoking factor
1 things said or done
2 must amount to grave provocation
3 cause d to feel a justifiable sense of being seriously wronged

Question 6

Stage 3

Answer 6

S54(3) would a reasonable person of the same age and gender as the d with a normal degree of tolerance had acted in a similar way (Holley)

Question 7

SR

Answer 7

defense cannot be used as a desire for revenge (Evans)