LOSS OF CONTROL Flashcards
where is loss of control defence set out?
Section 54 and 55 of the Coroners and Justice act 2009
What is the 1st test that must be satisfied under S54(2)?
There must be a loss of control. it need not be sudden however a considered desire for revenge will not be loss of control (JEWELL)
When will the defendant be held to have lost control?
When he has lost the ability to maintain action in accordance with considered judgement
OR
lost normal powers of reasoning
OR
where behaviour was out of character, and he would not normally have acted this way
What is the second rule under S55?
Loss of control must have a qualifying trigger
What is the fear trigger under S55(3)?
where d had a fear of serious violence from the victim to either them or another identify person (WARD)
d must not have incited the violence(DAWES)
What is the anger trigger under s55(4)?
things said or do or both constitute circumstances of an extremely grave character AND causes d to have a justifiable sense of being seriously wronged
What does S55(6) do?
places limitations on the triggered;
a relationship break up or hurtful remarks will not be enough to constitute extremely grave or d being seriously wronged
what does S55(6)(C)) set out?
Sexually infidelity alone will not be enough bit it can be considered if there are other things said or done
accumulation of factors can be enough as in Clinton
What is the 3rd rule under S54(1)(C)?
Court will ask whether a person of the same sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of d might have reacted in the same way or similar
What do the cases of McGrory, Asmelash and Mohammed set out?
an objective test so for the circumstances of the defendant things that relate to the general capacity to exercise tolerance must be ignored;
Short temper or voluntary intoxicants perhaps even depression
