Loss of control Flashcards
definition
loss of control caused by a qualifying trigger where someone of the same age and sex would’ve acted in a similar way in the same circumstances (s.54 C+J Act)
loss of control
actions undertaken without careful thought and consideration beforehand but it does not need to be sudden (Aluwhalia)
qualifying trigger
1) fear of serious violence (Martin)
2) things said or done - shows grave character and gives D a justifiable sense of being seriously wronged (doughty)
disqualifying triggers
1)sexual infidelity (Clinton)
2) revenge (Ibrams)
Same sex and age
1)same sex and age - doesnt take into account personal factors - (Mohammed)
2) in similar circumstances (Hill)
3)act the same (Von Dongen)