loss of control

Question 1

definition of loss of control through a … stage test

Answer 1

3 stage test set out by
s54 coroners justice act 2009

Question 2

what are the 3 stages in the test

Answer 2

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

Question 3

stage 1

Answer 3

loss of control

Question 4

1 loss of control D

Answer 4

D must have a loss of control

Question 5

1 loss of control sources

Answer 5

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

Question 6

Evans

Answer 6

if a person acts out of revenge then the defence will fail. there can be no evidence of a plan of pre-meditation

Question 7

Gregson

Answer 7

when assessing whetehr D has lost their control you are allowed to take into account their circumstances

Question 8

s54(2)

Answer 8

loss of control doesn’t have to be sudden

Question 9

1 loss of control sources, just name

Answer 9

Gregson
Evans
s54(2)

Question 10

stage 2

Answer 10

the qualifying triggers

Question 11

2 the qualifying triggers types, who is it set out by

Answer 11

set out by s55 coroners justice act 2009
1 fear of serious violence trigger does not have to be honest as long as honestly thought by D - Lodge
the violence need not be directed at D - Pearson
2 things said/done of an extremely grave nature and causes D to have a justifiable sense of being seriously wronged - Zebeedee

Question 12

fear of serious violence trigger does not have to be honest as long as honestly thought by D source

Answer 12

Lodge

Question 13

Lodge

Answer 13

fear of serious violence trigger, does not have to be honest as long as honestly thought by D

Question 14

Zebeedee

Answer 14

things said/done of an extremely grave nature
causes D to have a justifiable sense of being seriously wronged

Question 15

things said/done of an extremely grave nature
causes D to have a justifiable sense of being seriously wronged

Answer 15

Zebeedee

Question 16

Pearson

Answer 16

the violence doesn’t have to be directed at D

Question 17

the violence need not be directed at D

Answer 17

Pearson

Question 18

the trigger cannot be due to a sexual infidelity unless it is combined with otehr triggers

Answer 18

clinton

Question 19

clinton

Answer 19

the trigger cannot be due to a sexual infidelity unless it is combined with otehr triggers

Question 20

stage 3

Answer 20

the normal person test

Question 21

the normal person test D

Answer 21

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)

Question 22

holley

Answer 22

would a person of the same age and gender and with a normal degree of tolerance have acted in a similar way?

Question 23

s54(3)

Answer 23

would a person of the same age and gender and with a normal degree of tolerance have acted in a similar way?

Question 24

loss of control structure

Answer 24

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

Question 25

loss of control structure stage 1

Answer 25

E - S54(2) - D must have lost their loss of control
take into account circumstances (Gregson)
A

Question 26

loss of control structure stage 2

Answer 26

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

Question 27

3 stage test for zebeedee

Answer 27

1. there must be a thing said or done
2. the things said/done must lead to grave provocation
3. causes D to feel a justifiable sense of being seriously wronged

Question 28

loss of control structure stage 3

Answer 28

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