loss of control

Question 1

coroners and justice act 2009

Answer 1

defines loss of control

Question 2

S54(1)(a)

Answer 2

D must suffer from a loss of self control. (anger, shouting, shaking etc.)

Question 3

jewell (define)

Answer 3

defined loss of control as “losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”.

Question 4

Dawes

Answer 4

shows loss of control does not have to be sudden, although it is easier to prove.

Question 5

S54(4) (Jewell)

Answer 5

desire for revenge cant be a loss of self control.

Question 6

S54(1)(b)

Answer 6

loss of control must come from a qualifying trigger.

Question 7

S55(3) (Ellis)

Answer 7

fear trigger, loss of control must come from D’s fear of serious violence from v to d or another identified person.

Question 8

S55(4) (evans)

Answer 8

anger trigger, things said or done must be of grave character to give d a justifiable sense of being wronged.

Question 9

S55(6)(c)

Answer 9

sexual infidelity cannot be used as a trigger

Question 10

Clinton

Answer 10

can explain sexual infidelity if it explains or worsens another qualifying trigger.

Question 11

S55(6)(a) and (b)

Answer 11

anger and fear, D cannot incite the fear/anger to be able to use the defence.

Question 12

S54(1)(c)

Answer 12

a person of D’s sex, age with a normal degree of tolerance, in the same circumstances, might have reacted in the same or a similar way.

Question 13

Mohammed

Answer 13

having a short temper will lower tolerance, and so cant be used to compare to a reasonable person.

Question 14

Asmelash

Answer 14

alcohol lowers tolerance so cannot be considered.