Loss of Control - Paper 1 Flashcards
When will D be able to use the defence of loss of control?
Where D was provoked
Which Act of Parliament sets out the 3 stage test for loss of control?
Section 54 Coroners & Justice Act 2009
What is Stage 1 of loss of control?
D must have lost their self control
Does the loss of control need to be sudden?
No, there can be a cooling off period, but the longer the delay the less likely D is to get the defence
Which case says D’s circumstances can be taken into account when assessing if they had a loss of control?
Gregson
What was the decision in Evans?
If a person acts out of revenge then the defence will fail, there can be no evidence of a plan or pre-meditation
What is Stage 2 of loss of control?
The loss of control must be due to a qualifying trigger
What are the two types of trigger?
Fear Trigger and Anger Trigger
What is meant by the Fear Trigger?
D must fear serious violence, it does not need to be a reasonable fear as long as it was honestly thought by D
Which case held the violence need not be directed at D?
Pearson
What is meant by the Anger Trigger?
A thing said or done, or both, which is of an extremely grave character and causes D to have a justifiable sense of being seriously wronged (Zebedee)
What is the rule on sexual infidelity as a qualifying trigger?
Trigger cannot be due to sexual infidelity alone (Dawes), but can be if there is another provoking factor/s (Clinton)
What is Stage 3 of loss of control?
Would a person of the same age and gender as D, and with a normal degree of tolerance, have acted in a similar way? (Holley)
