Loss of contro Flashcards
3 factors for loss of control
Must murder due to loss of control
due to a qualifying trigger
pass normal person test
act for loss of control
coroners and justice act 2009
section numbers under “must be due to loss of control” factor
S.54(1)(a) - must be due to loss of control
S.54(2) - not have to be sudden
S.54(4) - cannot be planned
case for “must have really lost control”
Jewell - can’t be due to losing temper or acting out of character
Section number for qualifying triggers
S.54(1)(b)
Section numbers under qualifying triggers - what are the triggers?
S.55(3) - feared serious violence
S.55(4) - justifiably wronged
S.55(5) - could be combination
S.55(6)(c) - not be sexual infidelity
cases for qualifying triggers
Feared serious violence- Lodge
Seriously wronged - Zebedee
cannot be sexual infidelity - Dawes
can be that mixed with another - clinton
what is the normal person test
a person of Ds age and sex with a normal degree of tolerance in similar circumstances react the same way?
Section number for normal perosn test
54.(1)(c)
What else is included in normal person test?
mental health + history of sexual abuse
intoxication is not
cases for what is taken into account by the normal person test
Mental health + sexual abuse- Hill
intoxication is not - Amselash
