loss of control

Question 1

what statute governs loss of control?

Answer 1

used to be governed by the homicide act 1957 but has been updated to s54 of the corners and justice act 2009

Question 2

what are the 3 elements of loss of control?

Answer 2

1) MUST be a loss of control due to the updated law from provocation loss of control doe not need to be sudden and temporary wich differs from the law on provocation R V DUFFY- d killed v with hammer whilst asleep as a result of long term violence and R V AHLUALWA d set v on fire while he was asleep

Question 3

what is loss of control?

Answer 3

loss of control is a partial defense that can reduce the sentencing of murder if there was a series of events that triggered a justifyble response introduced as a response to the law on provocation as there were many appeals on this.

Question 4

2)

Answer 4

QUALIFYING TRIGGER. the second element to loss of control there must be a qualifying trigger. s55 (3) d must fear serious violence eg in R V WARD where d feared serious vio,nce for brother or where things said or done were of grave character that caused d to have a justifiable risk of being seriously wronged eg in r v bowyer

Question 5

what does not qualify for loss of control?

Answer 5

sexual infidality does not qualify as a trigger for loss of control howvere in R v linton there was loss of control because wife was provoking d

Question 6

3)\ element of loss of control

Answer 6

s54 1 c - a person of the ds same sex and age with a normal degree of tolerance and self restraint and in similar circumstances would have acted in the same way