Loss of Control A01

Question 1

what section number

Answer 1

s.54(1) Coroners and Justice Act 2009 df will not be convicted of murder if:

Question 2

what is s.54(1)(a)

Answer 2

(a) acts/omissions resulted from loss of control

Question 3

when must loss of control occur? (case)

Answer 3

must be at the time of the killing → R v Jewell

Question 4

what is s.54(1)(b)

Answer 4

(b) qualifying trigger

Question 5

how many triggers can there be

Answer 5

multiple

Question 6

what cannot be a sole trigger

Answer 6

cannot be sexual infidelity as sole trigger → R v Clinton

Question 7

fear of serious violence

Answer 7

s.55(3)

Question 8

R v Dawes

Answer 8

df cannot say they feared serious violence if they started the fight

Question 9

loss of self-control was attributable to things done or said

Answer 9

s.55 (4)

Question 10

s.55(4)(a)

Answer 10

constituted circumstances of an extremely grave character

Question 11

s.55(4)(b)

Answer 11

caused df to have a justifiable sense of being seriously wronged

Question 12

R v Goodwin

Answer 12

trigger doesn’t need to be at the time, the LoC does

Question 13

s.54(1)(c)

Answer 13

a person of df’s sex, age w/ normal degree of tolerance + self restraint in same circumstances = reacted in a similar way

Question 14

df cannot act in _________ (s number)

Answer 14

s.54(4)(1) df cannot act in revenge

Question 15

acting in revenge

Answer 15

R v Jewell defence failed