loss of control Flashcards

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1
Q

loss of control

A

s54 of the coroners and justice act

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2
Q

definition

A

In r v jewell, Lord rafferty says it is ‘a loss of ability to act with considered judgement or normal powers of reasoning’

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3
Q

r v gurpinar

A

loc can only be put to the jury when there is sufficient evidence.

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4
Q

r v ahluwalia

A

need not be sudden

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5
Q

r v dawes

A

jury can take the ‘cumulative impact’ of events into account, can be a build up of events.

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6
Q

fear trigger

A

s55(3)
d has a serious fear of serious violence from v against d or an identified person.

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7
Q

subjective test

A

it only concerns what was in d’s mind at the time. fear doesn’t have to be reasonable, as long as it is genuine.

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8
Q

r v clegg

A

unsuccessfully argued self denfence. would’ve been able to argue loc if it was in place at the time, as he had feared.

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9
Q

anger trigger s55(4)

A
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