loss of control Flashcards
definition of loss of control through a … stage test
3 stage test set out by
s54 coroners justice act 2009
what are the 3 stages in the test
s54 coroners justice act 2009;
1 D must have lost their control
2 the loss of self control resulted from a qualifying trigger
3 the normal person test
stage 1
loss of control
1 loss of control D
D must have a loss of control
1 loss of control sources
s54(2) loss of control doesn’t have to be sudden
Gregson - when assessing whetehr D has lost their control you are allowed to take into account their circumstances
Evans - if a person acts out of revenge then the defence will fail. there can be no evidence of a plan of pre-meditation
Evans
if a person acts out of revenge then the defence will fail. there can be no evidence of a plan of pre-meditation
Gregson
when assessing whetehr D has lost their control you are allowed to take into account their circumstances
s54(2)
loss of control doesn’t have to be sudden
1 loss of control sources, just name
Gregson
Evans
s54(2)
stage 2
the qualifying triggers
2 the qualifying triggers types, who is it set out by
set out by s55 coroners justice act 2009
Fear rigger -
Fear of serious violence trigger does not have to be reasonable as long as honestly thought by D - Lodge
The violence need not be directed at D - Pearson
Anger trigger -
Things said/done of an extremely grave nature and causes D to have a justifiable sense of being seriously wronged - Zebeedee
fear of serious violence trigger does not have to be honest as long as honestly thought by D source
Lodge
Lodge
fear of serious violence trigger, does not have to be reasonable as long as honestly thought by D
Zebeedee
things said/done of an extremely grave nature
causes D to have a justifiable sense of being seriously wronged
things said/done of an extremely grave nature
causes D to have a justifiable sense of being seriously wronged
Zebeedee
Pearson
the violence doesn’t have to be directed at D
the violence need not be directed at D
Pearson
the trigger cannot be due to a sexual infidelity unless it is combined with otehr triggers
clinton
clinton
the trigger cannot be due to a sexual infidelity unless it is combined with otehr triggers
stage 3
the normal person test
the normal person test D
s54(3) would a person of the same age and gender and with a normal degree of tolerance have acted in a similar way? (holley)
holley
would a person of the same age and gender and with a normal degree of tolerance have acted in a similar way?
s54(3)
would a person of the same age and gender and with a normal degree of tolerance have acted in a similar way?
loss of control structure
I - D may be able to argue the defence of voluntary manslaughter, specifically loss of control
D - s54 coroners justice act 2009 sets out a 3 stage test
then do 3 stages
loss of control structure stage 1
E - S54(2) - D must have lost their loss of control
take into account circumstances (Gregson)
A
loss of control structure stage 2
E - S55 - the loss of control must be due to a qualifying trigger
2 triggers;
things said or done (Zebeedee) objective
1. there must be a thing said or done
sexuality infidelity cannot be the only factor (clinton)
2. the things said/done must lead to grave provocation
3. causes D to feel a justifiable sense of being seriously wronged
fear trigger (Lodge) subjective
A to scenario if relevant
3 stage test for zebeedee
- there must be a thing said or done
- the things said/done must lead to grave provocation
- causes D to feel a justifiable sense of being seriously wronged
loss of control structure stage 3
S54(3) - would a reasonable person of the same age and sex as D and with a nromal degree of tolerance have acted in a similar way? (holley)
A
