Loss Of Control Cases

Question 1

A ‘considered desire for revenge’ will not be a loss of control

Answer 1

JEWELL

Question 2

If relevant: (Fear Trigger) Fear of serious violence from the victim to either himself or another identified person

Answer 2

WARD

Question 3

If relevant: (Fear Trigger) The defendant must not have incited the violence

Answer 3

DAWES

Question 4

If relevant: (Anger Trigger) An accumulation of factors can be enough

Answer 4

CLINTON

Question 5

For ‘circumstances of the defendant’ things that relate to the ‘general capacity to exercise tolerance’ must be ignored

Answer 5

McGRORY

Question 6

Depression

Answer 6

ASMELASH and MOHAMMED

Question 7

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

Answer 7

REJMANSKI