Loss Of Control - Voluntary Ms Flashcards
Requirements
Total loss of control
Qualifying trigger
Person of same age/sex would have acted in same way
Total loss of control section
54.1A
Qualifying trigger section
54.1B
Person of same age/ sex would have acted in same way
54.1C
Loss of control act
S54-56 coroners and justice act 2009
Types of qualifying triggers
Fear - R V ward
Anger - R V zeebedee
Loss of control can be slow burn
R V ahluwalia
What cannot be a qualifying trigger
Sexual infidelity
Revenge
Retaliation
55.6
Sexual infidelity - R V clinton
Revenge section and case
Revenge - R V dawes
54.2
What is not loss of control
Temper anger or reaction out of character, lack of self restraint
55.3
Fear trigger
Anger trigger section
55.4
Short tempered
R V Mohammed
Not look at as a factor
Intoxication in regard to loss of control
Ignore
R V asmelash