Loss of Control Flashcards
What is the definition of Loss of Control?
Ss54 and 55 of the coroners and justice act - the D must have really snapped although it does not have to be sudden.
How can D prove they lost all control?
A partial loss of self control will not suffice - though it does not have to be sudden (R v Jewell). there must be no evidence of planning.
What must the loss of control be caused by?
One or more of the qualifying triggers under s55?
What must the D fear?
serious violence to the D or any identifiable person. R v Ward
What is things said or done?
Things said or done which are of extremely grave character and cause the D to have a justifiable sense of being wronged (R v Hatter) - this is an objective test.
What does not count for loss of control?
Sexual infidelity unless it forms part of a wider context (Clinton). Or an act of revenge.
What is the objective test?
