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

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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
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