Loss of Control Flashcards
What are the steps for loss of control?
Actus reus and mens rea of murder
s54 Coroners and Justice Act 2009
Complete loss of control
Qualifying triggers: fear and anger
Self-induced incidents
Mistakes
Where the trigger was aimed
Similar person would’ve
Response and control characteristics
What is a complete loss of control?
More than just a loss of temper or loss of self-restraint
Can revenge be used in loss of control?
No
Does the loss of control need to be sudden or total?
No
Which case shows loss of control need not be sudden or total?
R v Martin or R v Jewell
What is voluntary manslaughter?
An outcome, the defence raises it
What act is loss of control in?
s54-55 Coroners and Justice Act 2009
What is the verdict given for loss of control?
Guilty of voluntary manslaughter due to loss of control
What are the qualifying triggers for loss of control?
Fear of serious violence and anger
Who must’ve reacted in the same/similar way to the defendant?
A person of their sex and age with a normal degree of tolerance and self-restraint, in the circumstances
