Loss of control.

Question 1

under…

Answer 1

s.54-55 coroners justice act 2009

Question 2

type of defence and applies to what offences

Answer 2

partial defence, only available to murder

Question 3

if successful…

Answer 3

charge dropped to voluntary manslaughter

Question 4

first requirment

Answer 4

lost self-control at the time of the killing, longer delay more likely regained self control (ibrams & gregory)

Question 5

under s.54(4)

Answer 5

invalidated when killing is motivated by a consisderable desire for revenge (Baillie)

Question 6

second requirement

Answer 6

qualifying trigger of fear, anger or both

Question 7

fear trigger

Answer 7

outlined under s.55(3)- defined as a fear of violence from the V. against the D. or another identified person [subjective - From the D. ‘s perspective] (Martin).

Question 8

anger trigger

Answer 8

.55(4) defined as a thing said/ done (or both) that constituted circumstances of an extremely grave character, and caused the D. to have a justifiable sense of being seriously wronged [Objective - D. is compared to a reasonable person] (Bowyer).

Question 9

combination of triggers

Answer 9

s.55(5) as a combination of s.55(3) and s.55(4)

Question 10

invalidating circumstances

Answer 10

incited for an excuse for violence s.55(6)(a)
incited for feeling seriously wronged s.55(6)(b)
sexual infidelity s.55(6)(c)

Question 11

third requirement- objective test

Answer 11

person of same age, sex with normal degree of tolerance (irrational prejudices excluded- Mohammed) & self-restraint (characteristics like bad temper excluded) might’ve reacted similarly