loss of control Flashcards
definition
reduces murder to voluntary manslaughter S.54 Coroners and justice act 2009 sets out a 3 stage test
Stage 1 actus reus
s.54 (2) The d must have lost their self-control
does not need to be sudden but the longer the delay the less likely to get the defence
D’s circumstances are important (Gregson)
Stage 2 actus reus
S.55 the loss of control must be due to a qualifying trigger, Fear trigger (Pearson) or anger trigger(Hatter)
Fear trigger (PEARSON)
D fears serious violence to themselves or another person, subjective test (also add on self defence at the end as another defence)
anger trigger HATTER
Fully objective test
1. there must be things said or done
Side rule (Clinton)- sexual infidelity alone cannot be used as things said or done
2. the things said or done must amount to grave provocation
3. causes the defendant to feel a justifiable sense of being wronged
Stage 3
S.54(3) would a reasonable person of the same age and gender as the defendant and with a normal degree of tolerance have acted in a similar way (Holley)
side rule (Evans)- defence can not be used in desire for revenge