Loss of Control Flashcards
1
Q
What is loss of control?
A
Where the D kills/is party to the killing of another, D is not to be convicted of murder if:
- D’s acts where due to a loss of self-control
- The loss of self-control had a qualifying trigger
- If a normal person of D’s age/sex might have reacted in a similar way
2
Q
What is a qualifying trigger?
A
- The D needs to show a genuine fear of violence
- Something that caused the D to have a justified sense of being seriously wronged
- Combination of both