loss of control Flashcards
1
Q
r v dawes
A
a fear of violence cannot be used if you’re the original aggressor
2
Q
r v ward
A
a fear of violence can be for the safety of others
3
Q
qualifying trigger
A
- a fear of violence
- things said or done
4
Q
three elements of LOC
A
- defendant has lost self control
- there must be a qualifying trigger
- a person of the same sex or age would react the same way
5
Q
r v jewell
A
a partial loss of control is not allowed
6
Q
r v zebedee
A
“if the circumstances are extremely grave to give the defendant a justifiable sense of being seriously wronged”
7
Q
r v bowyer
A
the defendant has no justifiable sense of being wronged because he broke into the other persons house