Loss Of Control

Question 1

Main sections

Answer 1

1) S54 Coroners & Justice Act 2009
2) Qualifying triggers S55
3) Would so,some of same sex, age & normal tolerance react in a similar way?

Question 2

Section 54 Coroners & Justice Act 2009

Answer 2

Must show there is a loss of control

• Long delay may mean it’s not loss of control-Ahluwhalia
• it must not be a considered desire for revenge-Ibrams & Gregory

Question 3

Qualifying triggers S55

Answer 3

Trigger 1 S55(3)-fear of serious violence
Can be fear fir another (Pearson)
Can rely on drunken mistake (Brown)
Trigger 2 S55(4)-justifiable sense of being seriously wronged
What victim said/did constituted to circs of extreme grave character
Trigger 1&2 S55(5)
Restrictions S55(6)
If D provokes V (Dawes)
Sexual infidelity can’t be reason unless forms part of circs (Holley)

Question 4

Same age, sex and normal tolerance would react in the same way

Answer 4

Would the ordinary man have been provoked like D?
Holley-Look at circs that caused D to act as he did
-Don’t take into account mental features that make him react
All confirmed in Karimi & James