Loss of Control

Question 1

S54(1)(a)

Answer 1

Loss of self control

Question 2

R v Jewell

Answer 2

D’s conduct must result from D’s lack of self-control

Question 3

S54(2)

Answer 3

The loss of control does not need to be sudden

Question 4

S54(4)

Answer 4

The defence can’t be used if D acts out of a considered desire for revenge

Question 5

S54(1)(b)

Answer 5

Qualifying trigger

Question 6

S55(3)

Answer 6

D’s loss of control must come from D’s fear of serious violence from V against D or another identified person

Question 7

R v Ellis

Answer 7

This can be fear for another

Question 8

S55(4)/R v Evans

Answer 8

D’s loss of control must come from: things said or done, which must be of an extremely grave character, and give D a justifiable sense of being seriously wronged

Question 9

S55(6)(a) and (b)

Answer 9

D can’t use the defence if he incites the fear or anger trigger in order to provide himself an excuse for violence

Question 10

S55(6)(c)

Answer 10

D can’t use the defence if the fact that the thing said or done constituted sexual infidelity

Question 11

R v Clinton

Answer 11

Where there is something said or done other than infidelity, but it would be impossible to understand why those events occurred without knowing about the infidelity

Question 12

S54(1)(c)

Answer 12

Objective and subjective test

Question 13

S54(3)/Asmelash

Answer 13

D’s circumstances are all those other than those whose only relevance to D’s conduct is that they bear on D’s general capacity for tolerance or self-restraint