Loss of control Flashcards
1
Q
What Act does it come from
A
S54 coroners and Justice Act 2009
2
Q
3 stages of the test
A
- D must lose control
- qualifying trigger (fear or anger)
- Same age and sex test
3
Q
Section for lose control
A
S54 (1)(b)
4
Q
meaning of losing control
A
D must really have ‘lost it’ or ‘snapped’
5
Q
Case for lose control
A
R V Jewell
6
Q
Section for qualifying trigger
A
s55
7
Q
Section for fear
A
s55(3)
8
Q
Meaning of fear
A
D’s fear of serious violence from the V
9
Q
Section for anger
A
s55(4)
10
Q
Meaning for Anger
A
Used when something done and/or said by the v that constituted circumstances of being wronged.
11
Q
Case for fear
A
R V Ward
12
Q
Case for anger
A
D V Bowyer
13
Q
Test for same sex and age
A
A person of the same sex and age, with a normal degree of tolerance, might have reacted in the same way
14
Q
Section for same sex test
A
s55(3)
