loss of control Flashcards
What is the definition of loss of control?
A loss of self-control (1) which has a qualifying trigger (2) where D’s response can be compared to that of someone of their age and sex with a normal degree of tolerance and self-restraint in D’s circumstances
Act and sections
S.54 and S.55 of the Coroners and justice act
Where is loss of control defined?
S.54 of the Coroners and justice act
Where is a qualifying trigger defined?
S.55 of the Coroners and justice act
What offence is loss of control available for?
Murder only
Who is the burden of proof on?
The prosecution as they have to prove beyond all reasonable doubt that D lost control
What is the definition of a qualifying trigger?
The loss of control is due to fear of serious violence against them or another, or because of something said/done that constitutes extremely grave character or gives D a sense of being justifiably wronged
What needs to be there in order for it to be voluntary manslaughter??
Malice aforethought
