Loss Of Control Model Answer Flashcards
Here, loss of control may apply, set out in…
section 54 and 55 of the coroners and justices act 2009.
… tests must be…
Three tests must be satisfied:
Firstly, under … there must be a…
Firstly under S54(2) there must be a total loss of control.
It need not be sudden, however, a…
‘Considered desire for revenge’ will not be a loss of control (JEWELL)
Secondly under … the loss of control must have …
S55 a qualifying trigger.
If relevant: the “fear trigger” under S55(3), is where the defendant had a …
fear of serious violence from the victim to either himself or another identified person (WARD).
The defendant must not have …
Incited the violence (DAWES).
If relevant: the “anger trigger” under S.55(4) is where …
things said or done (or both) constituted circumstances of an extremely grave character AND caused the defendant to have a justifiable sense of being seriously wronged.
Both parts of the anger trigger are …
Judged objectively.
S5(6) places …
Limitations on the triggers.
A relationship break up of hurtful remarks will …
Not be enough to constitute ‘extremely grave’ or the defendant being ‘seriously wronged’.
Sexual infidelity alone will …
Not be enough (S55(6)(C)) but it can be considered if there are other things said or done.
An accumulation of factors can …
be enough, as in (CLINTON).
Thirdly, under S54(1)(C), the court will ask whether a person of the defendants …
sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of the defendant, might have reacted in the same or similar way.
This is an … test, so for ‘circumstances of the defendant’ things that …
(Objective) relate to the ‘general capacity to exercise tolerance’ must be ignored, (MCGRORY), such as short temper or voluntary intoxication and perhaps even depression as in ASMELASH and in MOHAMMED
