loss of control

Question 1

what is the first element of pleading l.c

Answer 1

• d suffered a loss of control

Question 2

r v ahluwalia

Answer 2

as there no longer needs to be a sudden loss of control it is possible for d’s to use loss of control

Question 3

r v ibrahim v gregory

Answer 3

a killing 5 days after the last provocative act showed a desire for revenge and was not allowed

Question 4

r v bailie

Answer 4

although there was a time lapse, the defence was available because there was no time to cool down

Question 5

second element for loss of control

Answer 5

Qualifying trigger
fear trigger
or
anger trigger

Question 6

what is the fear trigger

Answer 6

evidence of victims bad character is relevant here
d’s fear of violence must be genuine - it does not have to be reasonable

Question 7

r v hatter

Answer 7

the question of what constitutes circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being wronged is decided objectively

Question 8

r v Clinton

Answer 8

infidelity can’t be considered if it is the only trigger but doesn’t exclude the d from using the defence if other triggers are made

Question 9

what is the third element of l.c

Answer 9

a reasonable person might have reacted in the same way

Question 10

what is the standard of self control

Answer 10

’ a person of ds sex and age with a normal degree of tolerance and self restraint and in the circumstances of d, might have reacted in the same or similar way’

Question 11

r v asmelash

Answer 11

Voluntary intoxication is not a relevant characteristic when it comes to deciding if the reasonable man would have reacted the same or similar way to d