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
R v Doughty: According to the old law even a c___ b__ could amount to a provocation
Doughty
Section 55 gives us guidance on the q___ triggers nd also identifies r___
Qualifying
Restrictions
True or false: s55 (6a) says that D’s fear of violence is to be disregard if the defendant started it
True
True or false: s55 (6b) says that D’s fear of violence is to be disregard if the defendant started it
False- s55(6a) declares that if the D started it then their argument is invalid
Which section says that sexual infidelity is not an excuse to murder?
s55(6b)
Which case says that sexual infidelity is not an excuse to murder?
R v Clinton
True or false: Element 3 of loss of control is governed by s55 1b
False- the objective test is governed by s55 (1) (c)
R v Mohammed and
R v Camplin are cases that illustrate which element?
Three
