Loss of control Flashcards

1
Q

definition

A

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)

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2
Q

loss of control

A

actions undertaken without careful thought and consideration beforehand but it does not need to be sudden (Aluwhalia)

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3
Q

qualifying trigger

A

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)

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4
Q

disqualifying triggers

A

1)sexual infidelity (Clinton)
2) revenge (Ibrams)

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5
Q

Same sex and age

A

1)same sex and age - doesnt take into account personal factors - (Mohammed)
2) in similar circumstances (Hill)
3)act the same (Von Dongen)

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