Loss of control Flashcards
Origin
s54/55 coroners and justice act 2009
-special and partial
-burden on the defence
-voluntary manslaughter
Loss of control
-R v Ahluwalia: no need for it to be sudden
-R v Thorton: sharpened the knife
-R v Ballie: revenge
Qualifying trigger 1
D fears serious violence from V against D
-R v Ward: brother was previously attacked
Qualifying trigger 2
Things said or done, constitute circumstance of extremely grave character and caused D to have a justifiable sense of being seriously wronged
Qualifying trigger 2 Cases
-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
Normal person test
s54(1)
person of Ds age and sex, normal degree of tolerance and self restraint in circumstance might have reacted in the way
Normal person test Case
Camplin: age and sex