Loss Of Control

Question 1

Before Coroners and Justice Act 2003?

Answer 1

Provocation

Question 2

3 stages

Answer 2

Triggering event
Qualifying triggers- fear/ anger
Loss of control to be objectively understandable

Question 3

Cocker

Answer 3

Kills termanily ill wife

Question 4

Jewell

Answer 4

Delay too much- premeditation of killing boss.

Question 5

Ahluwalia

Answer 5

Battered spouse syndrome
Fear trigger
Delay (not allowed by provocation)

Question 6

Droughty

Answer 6

Kills baby. Not ‘grave character’ so wouldn’t be successful nowadays

Question 7

Mohammed

Answer 7

Kills daughter for having a boyfriend

Question 8

Morhall

Answer 8

Glue sniffer. May be grave to him but not objectively

Question 9

Anger trigger qualification

Answer 9

‘Grave character’

‘Sense of being seriously wronged’

Question 10

Loss of control to be objectively understandable

Answer 10

S 54 1 c
“Asses impact of trigger event on D’s circumstances” (subjective)
“Assess against a general capacity for tolerance against a reasonable person… where the RP has D’s age and sex”