loss of control

Question 1

what act is loss of control under

Answer 1

section 54 and 55 of the coroners and justice act 2009

Question 2

how many tests must be satisfied?

Answer 2

3

Question 3

what is the first test?

Answer 3

under s.54(2) there must be a loss of control. the loss of control must be total but does not need to be sudden. however a considered desire for revenge will not be a loss of control jewell

Question 4

what is the second test

Answer 4

under s.55 the loss of control must have a qualiflying trgger

Question 5

what is the first trigger?

Answer 5

known as the fear trigger under s.55(3) where the defendant had a fear of serious violence by the victim against the defendant or another identified person Ward. The defendant must have not incited the violence however Dawes

Question 6

what is the second trigger?

Answer 6

known as the anger trigger under s55(4) where things said or done or both constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged

Question 7

how are both parts of the anger trigger judged?

Answer 7

objectively. a relationship breakup hatter or hurtful remarks boywer will not be enough on their own to constitute extremely grave or the defendant being seriously wronged.

Question 8

what is the third test?

Answer 8

under S.54 the court will ask whether a person of the defendants sex and age with a normal degree of tolerance and self restraint and in the circumstances of the defendant might have reacted in the same or similar way

Question 9

The third test is an

Answer 9

objective test so for the circumstances of the defendant things that relate to the general capacity to exercise tolerance must be ignored such as short temper or voluntary intoxication and perhaps even depression Asmelash Mohammed