Loss Of Control Flashcards

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1
Q

1) I - D (name) may be able to argue the defence of ___ ___, specifically __ __ __.

A

1) Voluntary manslaughter
2) Loss of control

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2
Q

2) D - s.54 Coroners and ___ Act 20__ sets out a __ stage test.

A

1) Justice
2) 2009
3) 3

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3
Q

3) E - Stage 1-S.54 (2) - D must have lost their __-__.

A

1) self - control

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4
Q

4) This does not need to be __, but the __ the __, the less __ the D will be to get the defence.

A

1) sudden
2) longer
3) delay
4) likely

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5
Q

5) D’s ___ are also relevant according to G___ in assessing whether the D did lose their __-__. e.g epilepsy, d___, un___, stress.

A

1) circumstances
2) gregson
3) self - control
4) depression
5) unemployment

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6
Q

6) A - APPLY to the scenario - Did the D __ their control? Are any other factors __?

A

1) lose
2) relevant

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7
Q

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 (___).

A

1) qualifying trigger
2) two
3) fear
4) hatter

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8
Q

8) EXAM TIP - Only explain and apply the __ you think is ___.

A

1) one
2) relevant

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9
Q

9) FEAR TRIGGER - D fears __ __ to D or __ __ (pearson) - subjective __ and D must have ___ fear.

A

1) serious violence
2) another person
3) test
4) genuine

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10
Q

10) Exam tip - If you use this trigger, also add __-__ onto your answer at the end as another defence.

A

1) self-defence

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11
Q

11) A - Apply this test only if relevant
Anger trigger- Hatter - ___ objective test:
1) There must be __ said or __

A

1) fully
2) things
3) done

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12
Q

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.

A

1) infidelity
2) clinton
3) things
4) done
5) provoking factor

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13
Q

13) 2) The things __ or done must amount to __ __ and,
A - APPLY to the scenario of relevant.

A

1) said
2) grave provocation

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14
Q

14) 3) Causes D to feel a ___ sense of being ___ ___
A - APPLY to the scenario if relevant

A

1) justifiable
2) seriously wronged

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15
Q

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? (___)

A

1) reasonable
2) same
3) gender
4) normal
5) similar
6) holley

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16
Q

16) A - APPLY to the scenario
B - SIDE RULE: The defence cannot be used in a __ for ___ - Evans.

A

1) desire
2) revenge