Loss Of Control Flashcards
1) I - D (name) may be able to argue the defence of ___ ___, specifically __ __ __.
1) Voluntary manslaughter
2) Loss of control
2) D - s.54 Coroners and ___ Act 20__ sets out a __ stage test.
1) Justice
2) 2009
3) 3
3) E - Stage 1-S.54 (2) - D must have lost their __-__.
1) self - control
4) This does not need to be __, but the __ the __, the less __ the D will be to get the defence.
1) sudden
2) longer
3) delay
4) likely
5) D’s ___ are also relevant according to G___ in assessing whether the D did lose their __-__. e.g epilepsy, d___, un___, stress.
1) circumstances
2) gregson
3) self - control
4) depression
5) unemployment
6) A - APPLY to the scenario - Did the D __ their control? Are any other factors __?
1) lose
2) relevant
7) E - Stage 2 - S.55 - The loss of control must be due to a ___ ___. There are __ triggers - the __ trigger (Pearson), or the anger trigger (___).
1) qualifying trigger
2) two
3) fear
4) hatter
8) EXAM TIP - Only explain and apply the __ you think is ___.
1) one
2) relevant
9) FEAR TRIGGER - D fears __ __ to D or __ __ (pearson) - subjective __ and D must have ___ fear.
1) serious violence
2) another person
3) test
4) genuine
10) Exam tip - If you use this trigger, also add __-__ onto your answer at the end as another defence.
1) self-defence
11) A - Apply this test only if relevant
Anger trigger- Hatter - ___ objective test:
1) There must be __ said or __
1) fully
2) things
3) done
12) SIDE RULE - Sexual __ - C__ - Sexual infidelity alone can’t be used as the __ said / __, there must be another ___ ___.
A - APPLY to the scenario if relevant.
1) infidelity
2) clinton
3) things
4) done
5) provoking factor
13) 2) The things __ or done must amount to __ __ and,
A - APPLY to the scenario of relevant.
1) said
2) grave provocation
14) 3) Causes D to feel a ___ sense of being ___ ___
A - APPLY to the scenario if relevant
1) justifiable
2) seriously wronged
15) E - Stage 3 - S.54 (3) - Would a __ person of the __ age and __ as the D and with a __ degree of tolerance have acted in a __ way? (___)
1) reasonable
2) same
3) gender
4) normal
5) similar
6) holley