Loss of control Flashcards

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1
Q

Origin

A

s54/55 coroners and justice act 2009
-special and partial
-burden on the defence
-voluntary manslaughter

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2
Q

Loss of control

A

-R v Ahluwalia: no need for it to be sudden
-R v Thorton: sharpened the knife
-R v Ballie: revenge

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3
Q

Qualifying trigger 1

A

D fears serious violence from V against D
-R v Ward: brother was previously attacked

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4
Q

Qualifying trigger 2

A

Things said or done, constitute circumstance of extremely grave character and caused D to have a justifiable sense of being seriously wronged

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5
Q

Qualifying trigger 2 Cases

A

-R v Doughty: baby
-Zebedee: Ds dad wet himself
-R v Dawes: s55(6) self induced as it was an affair
-R v Clinton: sexual infidelity

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6
Q

Normal person test

A

s54(1)
person of Ds age and sex, normal degree of tolerance and self restraint in circumstance might have reacted in the way

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7
Q

Normal person test Case

A

Camplin: age and sex

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