loss of control

Question 1

act for loss of control

Answer 1

section 54 of coroners and justice act 2009 replaced sc3 homicide act 1957

Question 2

definition

Answer 2

if the d fulfills the AR and MR for murder he may be able to claim the partial defence of Loss of control which will reduce the verdict from murder to mansalughter

Question 3

sc 54 sets out the criteria:

Answer 3

the d kils a person but
a. the ds act resulted from a loss of self control
b. the loss of control had a qualifying trigger
c. a person of the same sex and age with a normal power of tolerance for self control in the circumstances mght have reacted in a similar way

Question 4

a. act resulted from a loss of control

Answer 4

ds ability to act in accordance with reasonable judgement or normal reasoning power was impaired- r v jewell
acting out of revenge is not a loss of control- r v baillie
the loss of control does not have to be sudden

Question 5

b. the loss of control must have a qualifying trigger (sc55)

Answer 5

the d must fear death or serious injury to themself or another
things said or done constituted to extremely grave character
and
caused the d to have a justifiable sense of being wronged

Question 6

fear of serious voilence as a qualifying trigger

Answer 6

fear of violence must be against themself or another person
cannot rely where the d brought about the serious violence- r v dawes

Question 7

a sense of being wronged as a qualifying trigger

Answer 7

a minor taunt or irritation is not sufficient R v zebedee
sc55(6)(c)- sexual infidelity can not amount, R v Clinton
sc55(5) d can rely on a combination of triggers (including sexual infidelity)

Question 8

c. would a person with normal tolerance and self restraint have acted in a similar way?

Answer 8

must consider the ds characteristics
r v van dogen