Loss of Control

Question 1

Law of provocation

Answer 1

S3 homicide act
Provoked so lost control and reasonable person would have done same became too loose
Women were excluded

Question 2

Doughty

Answer 2

Killed crying baby

Question 3

Weller

Answer 3

Killed wife when she packed her bags

Question 4

Duffy

Answer 4

Women killed husband after years of domestic abuse
A long course of conduct … don’t constitute provocation

Question 5

Sara Thornton

Answer 5

Stated she had a cooling off period - work different for men and women

Question 6

3 part test

Answer 6

Loss of control
QT
Person of d age and sex with normal clearance would react same

Question 7

Loss of control

Answer 7

Subjective

Question 8

Dawes

Answer 8

Musy be sudden loss of control

Question 9

Jewell

Answer 9

Had armed himself after period of threats. 12 hours before shooting was a cool down period

Question 10

Clinton

Answer 10

Greater level of deliberation the less likely it will be the killing followed a true loss

Question 11

Dawes

Answer 11

Doesn’t matter if it was sudden. A reaction to circumstances of extreme gravity may be delayed.

Question 12

qT

Answer 12

S55
Must be because of the qt
Grave character and give rise to a justifiable sense of being seriously wronged

Question 13

Fear of serious violence

Answer 13

Subjective test
Fear need not be reasonable
Can be to d or another person

Question 14

Being seriously wronged

Answer 14

Amount to grave character and cause justifiable sense of feeling wronged
Subjective
Can’t be self induced
Can’t be due to sexual infidelity

Question 15

Clinton Parker and Evan’s

Answer 15

Apart from this element everything else is judged objectively.

Question 16

Ministry of justice, murder, manslaughter and infanticide

Answer 16

We want to make it absolutely clear that sexual infidelity on the part of the victim can never justify reducing a murder charge to mansluaghter

Question 17

Livings argument

Answer 17

Each element of second QT can be met by a mercy killing case

Question 18

Age and sex

Answer 18

Objective
Ordinary person

Question 19

Camplin

Answer 19

The reasonable man is a person having the power of self control to be expected of an ordinary person of the age and sex of the accused

Question 20

Tolerance and self restraint

Answer 20

Objective

Question 21

Reimanski and gasman

Answer 21

People who can’t reach the standard (mental illness) will have to look to DR

Question 22

In the circumstances

Answer 22

External circumstances can be taken into account
Householder, domestic abuse

Question 23

Goodwin

Answer 23

Attacked elderly neighbour. V was lying on ground most of time l. A person same sex …. Would not have reacted in the same way due to the length of time and age of the v