Loss Of Control

Question 1

Act?

Answer 1

S54-55 Coroners and Justice Act 2009

Question 2

Loss of control section?

Answer 2

S54(2)

Question 3

(Ahluwalia)

Answer 3

Loss of control does not need to be sudden

Question 4

(Baillie)

Answer 4

If there is a delay between the incident and the killing the defence could still work unless D calms down or acts in revenge during that time

Question 5

(Jewell)

Answer 5

D is not in control if they have lost the ability to “act with considered judgement or normal powers of reasoning”

Question 6

Fear section?

Answer 6

S55(3)

Question 7

(Martin)

Answer 7

Subjective test: as long as Ds dear of serious violence is genuine (doesn’t have to be reasonable)

Question 8

Anger section?

Answer 8

S55(4)

Question 9

Anger

Answer 9

Things said or done( or both) which constitute circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged

Question 10

Test for anger?

Answer 10

Objective and jury decide. Very high threshold for what will be accepted

Question 11

What will no longer be acceptable for anger?

Answer 11

(Doughty)- crying baby
(Zebedee)- Ds father’s Alzheimer’s and incontinence was not allowed as a trigger

Question 12

(Sands)

Answer 12

Both triggers S55(5)

Question 13

Restriction S55(6)(c)

Answer 13

Sexual infidelity is not allowed for an anger trigger itself

Question 14

Restriction:(Clinton)

Answer 14

Confirmed that if combined with anger issues sexual infidelity trigger could be considered

Question 15

(Holley)

Answer 15

Sexual infidelity not allowed but Vs taunts considered

Question 16

S55(6)(a-b)

Answer 16

D cannot claim fear or anger if they incited the situation and used it as an excuse for violence

Question 17

(Johnson)

Answer 17

D cannot claim fear or anger if they incited the situation and used it as an excuse for violence

Question 18

S54(1)(c)

Answer 18

Objective test

Question 19

(Camplin)

Answer 19

Considers whether a person of the same age and sex as D with a normal degree of tolerance and self restraint and in Ds circumstances might have reacted in the same way

Question 20

(Gregson)

Answer 20

Unemployment, epilepsy, depression

Question 21

(Clinton)

Answer 21

Infidelity discoverment

Question 22

(Hill)

Answer 22

Sexual abuse suffered as a child

Question 23

(Mohammed)

Answer 23

Bad temper not allowed

Question 24

(Asmelash)

Answer 24

Intoxication not allowed