Loss Of Control

Question 1

I

Answer 1

D may be able to argue the defense if voluntary manslaughter,specifically loss of control

Question 2

D

Answer 2

This is defined under s.54 coroners and justice act 2009 as having three stages

Question 3

E

Answer 3

Stage one states there must have been a loss of control. S.54(2) states the loss of control does not need to be sudden but the longer the delay the less likely t the d is to get the defense. All other circumstances will be taken into account (Gregson)

Question 4

A

Answer 4

Apply to the scenario- did the d lose their control

Question 5

E

Answer 5

Stage 2 under s.55 the loss of control must be due to a qualifying trigger.there are two triggers the fear trigger (Pearson) and the angry trigger (Hatter)

Question 6

Fear trigger

Answer 6

D fears serious violence to d or another person (Pearson) this is a subjective test and D must have a genuine fear

Question 7

A

Answer 7

Apply only if relevant

Question 8

Angry trigger

Answer 8

(Hatter) fully objective test

Question 9

E

Answer 9

Stage one states that there must be things said or done

Side rule- sexual infidelity alone cannot be the things said or done there must be another provoking factor (Clinton)

Question 10

A

Question 11

E

Answer 11

Secondly this would amount to circumstances of an extremely greave character

Question 12

A

Question 13

E

Answer 13

Finally this must have caused the d to have a justifiable sen e of being seriously wronged by the v

Question 14

E

Answer 14

Finally under stage 3 under a.54(3) asks would a person of the same age and gender as the d and with a normal degree of tolerance have acted in the same way (Holley)

Question 15

A

Question 16

Conclusion

Answer 16

D will be successful in arguing loss of control. D’s murder conviction will be reduced to voluntary manslaughter