Loss Of Control

Question 1

The defence of LOC is only available for what offence?

Answer 1

Murder

Question 2

What must be proved first before the defence of LOC is put forward?

Answer 2

Murder must be proved

Question 3

What type of defence is LOC?

Answer 3

Partial

Question 4

What statue covers LOC?

Answer 4

S54 Coroners and Justice Act 2009

Question 5

What does S54(1)(2) do?

Answer 5

D must have lost self control and it need not be sudden and temporary

Question 6

What happened in the case of Duffy?

Answer 6

Wife killed abusive husband when he was asleep, no LOC given as there was a delay

Question 7

There must be a qualifying…..?

Answer 7

Trigger

Question 8

What are the two triggers? What are their statute?

Answer 8

1. ) Fear of serious violence trigger s55(3)

2. ) Things said or done trigger s55(4)

Question 9

Things said or done, what are the 2 things needed?

Answer 9

1. ) Constituted circumstances of an extremely grave character
2. ) Caused D to have a justifiable sense of being wronged

Question 10

What happened in Doughty?

Answer 10

D killed his baby son because he kept on crying

Question 11

What happened in Zebedee?

Answer 11

D lost control and killed his 94 year old father who had Alzheimers, not given LOC

Question 12

What is s55(6)?

Answer 12

Excluded matters

Question 13

Can revenge be a trigger?

What is the case?

Answer 13

No

Case- Ibrams & Gregory

Question 14

Is sexual infidelity a qualifying trigger?

What is the case?

Answer 14

No

Case- Clinton