Loss of control

Question 1

From

Answer 1

Coroners and Justice Act 2009 s.54
Prosecution convince beyond reasonable doubt it doesnt apply. Judge has duty to raise defence. R v Gurpinar.

Question 2

A loss of self-control

Answer 2

Jury decides if exists
s.54(2) no need for there to be sudden loss
R v Jewell -> need more than partial loss of control, not just acting out of character

Question 3

Qualifying trigger; s.55(3)

Answer 3

D’s serious fear of violence from V against D or another person
R v Ward - threat against D’s brother

Question 4

s.55(4)(a)

Answer 4

Something said or done which constitutes an extremely grave character
R v Zebedee - V soiled himself

Question 5

s.55(4)(b)

Answer 5

Said or done which causes D to have justifiable sense of being seriously wronged
R v Hatter - breakdown of relationship not enough

Question 6

s.55(5)

Answer 6

Or combination of above

Question 7

s.55(4)

Answer 7

Looked at objectively - would reasonable person agree

Question 8

Limitations

Answer 8

s.55(6)(c) - sexual infedility cannot be used (R v clinton unless one amongst many triggers)
s.55(6)(b) - incitement ( r v dawes)

Question 9

A person of D’s sex and age with a normal degree opf tolerance and self restraint and in the circumstances of D, might have reacted the same as D (objective element)

Answer 9

Asks if another person like D would have reacted same way
Person needs to have a normal degree of tolerance and self-restraint
R v Wilcocks - mental illness cannot be taken into account here unless it affects the gravity and seriousness of the trigger