Loss of Control - Paper 1

Question 1

When will D be able to use the defence of loss of control?

Answer 1

Where D was provoked

Question 2

Which Act of Parliament sets out the 3 stage test for loss of control?

Answer 2

Section 54 Coroners & Justice Act 2009

Question 3

What is Stage 1 of loss of control?

Answer 3

D must have lost their self control

Question 4

Does the loss of control need to be sudden?

Answer 4

No, there can be a cooling off period, but the longer the delay the less likely D is to get the defence

Question 5

Which case says D’s circumstances can be taken into account when assessing if they had a loss of control?

Answer 5

Gregson

Question 6

What was the decision in Evans?

Answer 6

If a person acts out of revenge then the defence will fail, there can be no evidence of a plan or pre-meditation

Question 7

What is Stage 2 of loss of control?

Answer 7

The loss of control must be due to a qualifying trigger

Question 8

What are the two types of trigger?

Answer 8

Fear Trigger and Anger Trigger

Question 9

What is meant by the Fear Trigger?

Answer 9

D must fear serious violence, it does not need to be a reasonable fear as long as it was honestly thought by D

Question 10

Which case held the violence need not be directed at D?

Answer 10

Pearson

Question 11

What is meant by the Anger Trigger?

Answer 11

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)

Question 12

What is the rule on sexual infidelity as a qualifying trigger?

Answer 12

Trigger cannot be due to sexual infidelity alone (Dawes), but can be if there is another provoking factor/s (Clinton)

Question 13

What is Stage 3 of loss of control?

Answer 13

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)