loss of control Flashcards
definition
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 (Pearson) Subjective test & D must feel genuine fear
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