Loss Of Control^ Flashcards
1
Q
Act?
A
Coroners and Justice Act
replace Provenance
2
Q
Elements
A
- total loss of control (not temper or for revenge)
- qualifying trigger (fear of violence, things said or done)
- standard of self control
3
Q
R V Lloyd
A
just because the D is angry or says they have lost control does not mean it’s a total loss of control
4
Q
R V Ward
A
fear of violance can amount to a trigger
5
Q
R V Dawes
A
can’t rely on fear of violence if the D induced it
6
Q
things said or done
A
circumstances must be extremely grave to give D a justifiable sence of being seriously wronged
7
Q
R V Zeebedee
A
circumstances were not extremely grave
8
Q
R V Bowya
A
did not give him a justifiable sence of being wronged
9
Q
R V Clinton
A
sexual infidelity can form a part of the trigger but not be one alone
10
Q
R V Rejmanski
A
PTSD should be considered as a circumstances