Loss of control Flashcards
Loss of control is governed by section __-55 Coroners and Justice Act 2009
54
Section 54(5) says that:
If there’s evidence, the jury must assume the defence is satisfied unless proven otherwise.
Loss of control is split into ___ elements
Three
R v Jewell illustrates the point section ___ makes
54(5)
Section 54(2) states that the loss of self-control need not be s____
Sudden
The first element of this defence is that the defendant must have lost s____-c____
Self-control
Which two cases tell us that there must be a loss of self control?
Jewell
R v Ibrams and Gregory
R v Baillie tells us what?
One can lose self-control due to provocation
Section 55 clarifies the ____ element of the defence
Second
s55(3) says what?
Fear is a qualifying trigger
s55(4) says that a___ can be a qualifying trigger
Anger
The case of Ward tells us that fear may be a qualifying trigger if the defendant fears violence from the victim against another i___ person
identified
Which TWO cases illustrate the application of the fear trigger?
- W___
- L___
- Ward
2. Lodge
s55(__) declares that things said or done of an extremely g___ c____ causing D to have a ____ ___ of being seriously w____
us a qualifying trigger
s55(4)
Things said or done of an extremely GRAVE CHARACTER causing D to have a JUSTIFIABLE SENSE of being seriously WRONGED is a qualifying trigger
s55(4) features an ____ test
Objective