Loss Of Control

Question 1

S.54 (1)

Answer 1

Where the defendant kills or is party to killing of another. + The 3 factors

Question 2

Must prove - Factor 1

Answer 2

The defendant must have lost self control

Question 3

Must prove - Factor 2

Answer 3

Must be a qualifying trigger

Question 4

Must prove - Factor 3

Answer 4

A person of the same sex and age, with a normal degree of tolerance, might have reacted in the same way in the same circumstances.

Question 5

S.54 (2)

Answer 5

Loss of control does not have to be sudden

Question 6

Section 55 - Qualifying triggers

Answer 6

• Defendants fear of serious violence from victim s.55 (3)
• Things said or done:
  Constituted circumstances of an extremely grave character
  Cause the defendant to have a justifiable sense of being seriously wronged

Question 7

S. 55 (5)

Answer 7

Combination of both qualifying triggers

Question 8

S.55 (6)

Answer 8

If the defendant incited the violence they cannot use the fear of violence as the qualifying trigger ( R v Dawes )