Loss of Control

Question 1

Loss of control

Answer 1

-replaced former defence of provocation
-defined in Coroners and justice Act 2009

Question 2

3 sections of loss of control

Answer 2

1) D lost self control
2) Must be a qualifying trigger
3) A person of the same sex and age must have reacted in the same way

Question 3

qualifying trigger

Answer 3

-things said or done circumstances of an extremely grave nature to give D a justifiable sense of being seriously wronged
-fear of violence can be a qualifying trigger

Question 4

A person of the same sex and age would have reacted in the same way (objective test)

Answer 4

-sexual abuse and mental illness history accounted for (subjective element)
-judged against standards of the reasonable person

Question 5

R v Zebedee

Answer 5

-Must be justified to be a qualifying trigger

Question 6

R v Bowyer

Answer 6

-Same as zebedee

Question 7

R v Ward

Answer 7

-Threat of violence need not be directed at the defendant

Question 8

R v Rejmanski

Answer 8

-PTSD was taken into account

Question 9

R v Clinton

Answer 9

-excluding matter sexual infidelity cannot be a qualifying trigger