Loss Of Control

Question 1

Step 1

Answer 1

D’s lost self control

Question 2

What does loss of control no longer have to be?

Answer 2

Sudden - as in the defence of Provocation - allow for cases such as ahluwalia

Question 3

2 qualifying triggers

Answer 3

A fear of serious violence(new to loss of control) OR a thing/things done or said

Question 4

A fear of serious violence section and case

Answer 4

S55(3) Dawes - sexual infidelity no longer counts - as it did in provocation

Question 5

Things done/said section

Answer 5

S55(4)

Question 6

Old law of provocation could be used for things done/said

Answer 6

Doughty

Question 7

New law of loss of control could not be used and why

Answer 7

Zebedee- must be extremely grave and feel seriously wronged

Question 8

Excluded matters

Answer 8

S55(6) - sexual infidelity

Revenge

Question 9

Standard of self control considers:

Answer 9

Sex, age and normal degree of tolerance

Question 10

Sex and age should be taken into consideration

Answer 10

Campion

Question 11

What act was it set up under

Answer 11

S54 of the Coroners and Justice Act 2009

Question 12

Only take into account their sex and age no other characteristics

Answer 12

Holley

Question 13

‘Normal person reaction’

Answer 13

Medical condition - gregson
Sexual abuse - Hill
Voluntary intoxication - asmelash ( cannot be used )