Voluntary Loss Of Control

Question 1

Loss of control is in what act

Answer 1

Coroners and Justice act 2009

Question 2

The cause of this defence if established

Answer 2

Voluntary manslaughter

Question 3

The test for loss of control

1- A loss of control

Answer 3

Need not be sudden (Dawes)
Revenge does not apply
Aliuwaliah = battered wife
Like a tipping point

Question 4

The loss of control test

2-qualifying trigger

Answer 4

Provocation is too wide = R V Davis

S.55(3)= LOF control because of Ds fear of serious violence from V against themselves Or another

55(4) A = LoF because of a thing said or done or both which resulted in circumstances or an extremely grave character
B = Made D have a justifiable sense of being seriously wronged

Question 5

55(4) is decided

Answer 5

Objectively

Question 6

Relationship cheating or killing a boyfriend usually amount to a justifiable sense of being wronged ?

Answer 6

R v hatter

No

Question 7

The burden of proof is where?

Answer 7

Jury must decide unless prosecution proves beyond reasonable doubt

Question 8

Name the limitation by the act

Answer 8

1-Things said or done in regard to infidelity

2- A person can’t raise a qualifying trigger if they started it

Question 9

Loss of control test part 3 is….

Answer 9

A persons of Ds sex and age with a normal degree of tolerance and self restraint would have acted in a similar or the same

Question 10

Part 3 of the test is for

Answer 10

The jury to decide