loss of control Flashcards
where is the defence of loss of control found under
ss.54-54 coroners and justice act 2009
what does loss of control replace
provocation
who will decide if there is sufficient evidence for loss of control
the judge
what are the three elements of loss of control
d must have lost control
there must have been a qualifying trigger
person of the same sex and she would have done the same in the circumstances
how is sufficient evidence of a loss of control tested
subjective test
give three cases for element one loss of control
gurpinar
jewell
r v dawes
what happened in r v jewell
d drove to v house and shot v
d claimed to have been intimidated
and admitted to shooting v as in a dream
not loc
can there be a delay between the trigger and the loss of control and case
yes but the further between the trigger and the act the less likely it is to be loss of control
dawes, hatter + bowyer
is there a loss of control if the act is of revenge and case
no if it has been a planned revenge it’s not loc
ibrams v gregory
what are the two troyes of qualifying triggers
fear trigger
anger trigger
what part of of the act sets out the qualifying triggers
s.55 CJA 2009
what is the fear trigger
fear for yourself and others
threat of immediate serious violence
what is said in s55.3
fear doesn’t have to be reasonable
give two cases about the fear trigger
r v martin
ward
what is the anger trigger also known as
things said or done
