Loss Of Contol Flashcards
What could be argued for this defence?
Voluntary manslaughter - loss of control
What section and act is used for loss of control?
S.54 Coroners and Justice Act 2009
How many stages are there?
3
What’s the first stage and what’s the section for it?
Stage 1 - S.54 (2) - The D must have lose their self control
What happens if it isn’t sudden?
This does not need to be sudden, but the longer the delay, the less likely the D will be to get the defence.
What does it say about the Ds circumstance and what case is used?
D’s circumstance are also relevant according to Gregson in assesing whether the D did lose their self control.
What four things that the D could lose their self control over?
Epilepsy, depression, unemployment, stress
What’s stage 2 and what section is relevant?
Stage 2 - S.55 - The loss of control must have a qualifying trigger.
How many triggers are there and what are they?
There are two triggers - fear trigger and the anger trigger.
What case is used for the fear trigger?
Pearson
What case is used for the anger trigger?
Hatter
What does the fear trigger say and what’s the test?
D fears serious violence to D or another person (pearson) - subjective test and D must have genuine fear.
What other defence can be used if the fees trigger is relevant?
Self defence
What test is used for the anger trigger and how many rules are there?
Fully objective test and there are 3 rules
What’s the first rule for the anger trigger?
1) there must be things said or done
What’s case can be used for the side rule - sexual infidelity?
Clinton
What does the side rule - sexual infidelity say?
That it alone cannot be used as the things said to done and there must be another provoking factor.
What’s the second rule for anger trigger?
2) the things said to done must amount to a grave provocation
What’s the third rule for the anger trigger?
3) causes the D to feel a justifiable sense to being seriously wronged
What sections is used for stage 3 and what does it say?
Stage 3 - S.54 (3) Would a reasonable person of the same age and gender as the D and with a normal degree of tolerance have acted in a similar way?
What case is used for stage 3?
Holley
What does the final side rule say?
The defence cannot be used in a desire for revenge
What case can be used for that side rule?
Evans
