Loss Of Control

Question 1

Loc

Answer 1

S.54 to s.55 CJA 2009 replaced law or provocation

Question 2

Loc stage 1

Answer 2

Loss of self control
S.54(2) loc need not be sudden may be a time delay between qualifying trigger and reaction of defendant longer delay less likely to be accepted
(R v Jewell) ( R v ibrams and gregory)
Delay and planning works against defendant
(Baillie)

Question 3

Loc stage 2

Answer 3

Qualifying trigger
S.55(3) fear trigger
Must be genuine fear of serious violence doesn’t natter if fear is reasonable
(R v Ward) ( R V lodge)
S.55(4) anger trigger
Things said or done that amounted to circumstances of an extenly grave character that gave the defendant a justified sense of being wronged
(R v hatter) ( R v bowyer)
(R v zebedee) ( R v knight)
R v Clinton no sexual infidelity counted alone
R v dawes no inciting

Question 4

Loc stage 3

Answer 4

Objective test
S.54(1)
Would person of ds ages sex with a normal degree or toleration and self restraint have acted similarly
S.54(3) circumstances considered but not anger issues
(Mohammed)
Cannot consider vol intox (R v Asmelash)