Loss of Control

Question 1

Loss of self control case

Answer 1

Jewell and Dawes

Question 2

Jewell LP

Answer 2

there can be a time gap between the provoking acts and the D losing control

Question 3

Dawes LP

Answer 3

D cannot be acting in revenge as this is not a loss of self control

Question 4

how to write - self control

Answer 4

-Loss of SC means the D must lose SC
-Doesn’t need to be immediate (Jewell)
-However the longer the time gap, the less likely it will be classed as LOSC
-D cannot be acing in revenge (Dawes)

Question 5

para 2 : what are both the qualifying triggers

Answer 5

1. threats of serious violence towards D or another identified person
2. things said or done that constitute seriously grave character & would give D a justified sense of being seriously wronged

Question 6

trigger cases

Answer 6

ward, zebedee and clinton

Question 7

ward LP

Answer 7

threats of serious violence towards D or another identified person

Question 8

zebedee LP

Answer 8

things said or done that constitute seriously grave character & would give D a justified sense of being seriously wronged

Question 9

clinton LP

Answer 9

sexual infidelity can be something done if it is accompanied by other things said or done

Question 10

para 3 : what is the ultimate objective test

Answer 10

would a person with D’s age and sex, with normal tolerance and self restraint in the circumstances of D, have reacted in the same way?

Question 11

what behaviour does the ultimate objective test not allow

Answer 11

short temper