loss of control

Question 1

r v dawes

Answer 1

a fear of violence cannot be used if you’re the original aggressor

Question 2

r v ward

Answer 2

a fear of violence can be for the safety of others

Question 3

qualifying trigger

Answer 3

• a fear of violence
• things said or done

Question 4

three elements of LOC

Answer 4

• defendant has lost self control
• there must be a qualifying trigger
• a person of the same sex or age would react the same way

Question 5

r v jewell

Answer 5

a partial loss of control is not allowed

Question 6

r v zebedee

Answer 6

“if the circumstances are extremely grave to give the defendant a justifiable sense of being seriously wronged”

Question 7

r v bowyer

Answer 7

the defendant has no justifiable sense of being wronged because he broke into the other persons house

Question 8

What act was Loss of Control introduced by?

Answer 8

Coroners and justice act 2009

Question 9

r v clinton

Answer 9

sexual infidelity does not count as a qualifying trigger

Question 10

r v rejmanski

Answer 10

other characteristics will be taken into account

Question 11

r v christian

Answer 11

the burden of proof is on the prosecution to prove the defendant did not lose self control. there has to be sufficient evidence