loss of self control Flashcards
1
Q
S55 (3)
A
there must be a qualifying trigger- 2 triggers D can have either of
2
Q
1) S55(3) 1
A
D must have a fear of serious violence from victim or 3rd party
3
Q
Ward
A
another identified person can be a brother
4
Q
R v Dawes Under S55 (6)(a)
A
Where D has incited the violence D cannot rely on the 1st qualifying trigger
5
Q
2) S55 (4)
R v Hatter
A
A thing or things done or said which caused the D to have a justifiable sense of being wronged
Circumstances must be extremely grave
6
Q
S55(6)
R v Clinton
A
no qualifying trigger of loss of control is self induced
sexual infidelity alone is not a qualifying trigger