Loss Of Control Cases Flashcards
1
Q
A ‘considered desire for revenge’ will not be a loss of control
A
JEWELL
2
Q
If relevant: (Fear Trigger) Fear of serious violence from the victim to either himself or another identified person
A
WARD
3
Q
If relevant: (Fear Trigger) The defendant must not have incited the violence
A
DAWES
4
Q
If relevant: (Anger Trigger) An accumulation of factors can be enough
A
CLINTON
5
Q
For ‘circumstances of the defendant’ things that relate to the ‘general capacity to exercise tolerance’ must be ignored
A
McGRORY
6
Q
Depression
A
ASMELASH and MOHAMMED
7
Q
If D has a mental illness that has relevance to the ability to exercise self control, or contributes to the normal degree of tolerance this MAY be taken into account
A
REJMANSKI
