Loss Of Control^ Flashcards

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1
Q

Act?

A

Coroners and Justice Act
replace Provenance

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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
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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

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4
Q

R V Ward

A

fear of violance can amount to a trigger

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5
Q

R V Dawes

A

can’t rely on fear of violence if the D induced it

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6
Q

things said or done

A

circumstances must be extremely grave to give D a justifiable sence of being seriously wronged

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7
Q

R V Zeebedee

A

circumstances were not extremely grave

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8
Q

R V Bowya

A

did not give him a justifiable sence of being wronged

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9
Q

R V Clinton

A

sexual infidelity can form a part of the trigger but not be one alone

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10
Q

R V Rejmanski

A

PTSD should be considered as a circumstances

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