LOSS OF CONTROL CASES (voluntary MS)

Question 1

The loss of control does not have to be sudden

Answer 1

DAWES

Question 2

Under provocation the loss had to be sudden, crticised in:

Answer 2

Ahluwalia

Question 3

Fear of violence as qualifying trigger cases

Answer 3

Ward/Lodge

Question 4

Under the new test, would be unlikely to be considered to be of extremely grave character, not ‘justifiable sense of being wronged’

Answer 4

DOUGHTY

Question 5

Sexual infidelity

Answer 5

CLinton

Question 6

Can not act in a considered desire for revenge

Answer 6

IBRAMS AND GREGORY

Question 7

D must show that a person of the same age and gender with a normal degree of restraint in the same circumstances as D, might have acted in the same way, similar to old law on provocation

Answer 7

CAMPLIN

Question 8

Reasonable person ust be placed in the circumstances of the D, a subjective test

Answer 8

GREGSON