Loss Of Control

Question 1

Where is loss on control found?

Answer 1

ss54-55 coroners and justice act 2009

Question 2

What does s54(1) say D can not be convicted of murder if… (loss of control)

Answer 2

A) D act and omission in doing or being a party to killing results from D loss of control

B) loss of control had a qualifying trigger

C) a person of D sex and age with a normal degree of tolerance and self restraint would react in a similar way to D

Question 3

How does R v Jewell define loss of control ?

Answer 3

D lost the ability to act with considered judgment or normal powers of reasoning

Question 4

What does s54(2) say about loss of control?

Answer 4

It does noy matter if loss of control was sudden

(Ahluwalia)

Question 5

Can D use loss of control if he wanted revenge?

Answer 5

No, (baillie)

Question 6

How does s55(3) describe the fear trigger

Answer 6

D fears serious violence from V against D or other person.

(Ward)

Question 7

How does s55(4) define the anger trigger?

Answer 7

Things said or done which

A) constituted circumstances of an extremely grave character and

B) caused D to have a justifiable sense of being seriously wronged

Question 8

What case says that a baby crying is now a sufficient factor

Answer 8

Doughty

Question 9

What is s55(5)

Answer 9

A combination of s55(3) and (4)

Question 10

What does s55(6) say?

Answer 10

The fear/anger triggers can not be raised if D incited the situation themselves

Johnson

Question 11

What case says that sexual infedity can be considered if in combination with another trigger?

Answer 11

Clinton

Question 12

What face says that age and sex are important considerations?

Answer 12

Camplin

Question 13

Where is loss on control stated?

Answer 13

ss54-55 coroners and justice act 2009