Loss of Control Flashcards
1
Q
What Act sets out a 3 stage test regarding LOC?
A
s.54 Coroners & Justice Act 2009
2
Q
What is stage one of LOC (+ cases)?
A
Stage one- s.54 (2) states that the D must’ve lost their control.
D’s circumstances can be taken into account (Gregson)
3
Q
What is stage two of LOC (+ cases)?
A
Stage two- s.55 states that the loss of control must be due to a qualifying trigger: Anger (Hatter) & Fear (Pearson).