LOC

Question 1

What is loss of control and what sections is it contained in

Answer 1

special impartial defence to murder contained in section 54 and 55 of the corners and justice act

Question 2

what will it do-if successful?

Answer 2

reduce murder to voluntary manslaughter, giving the judge discretion in sentencing

Question 3

The loss of control is loss of the ability to exercise judgement, and reason case

Answer 3

Jewell

Question 4

Dawes

Answer 4

reaction does not have to be sudden there is no need for an immediate response for the defendant to succeed

Question 5

Clinton

Answer 5

The great of the deliberation, the more likely, the killing was not a true loss of control

Question 6

Ahluwalia

Answer 6

The loss of control can arise from cumulative causes rather than a single event

Question 7

what are the two cases for when the defence will not succeed, if acted out of a considered desire for revenge

Answer 7

jewell , ibrams and gregory

Question 8

Loss of control cannot be self induced
case

Answer 8

Dawes

Question 9

Cannot be engineered by deliberately inciting violence in the victim in order to provide an excuse for the killing

Answer 9

zebedee

Question 10

The loss of control must arise from one or both of the two qualifying triggers. What are these triggers?

Answer 10

fear of serious violence or fear of thing said or done s55(3)

Question 11

Case of Ward

Answer 11

This can be against the defendant or another identified person

Question 12

There must be fear of serious violence, not just a fear of violence

Answer 12

Clinton

Question 13

Camplin

Answer 13

things that are said or done, must constitute circumstances of extremely grave character, and have caused the D to have a justifiable sense of being seriously wronged

Question 14

These elements are just according to what ordinary people would perceive case

Answer 14

Clinton Dawes

Question 15

sexual infidelity must be what

Answer 15

Disregarded

Question 16

What is the rule on the ordinary person for loss of control?

Answer 16

The jury must be satisfied, the normal person of the same sex and age, with a normal degree of tolerance and self restraint, and in the circumstances would, or might’ve acted in the same way as the defendant

Question 17

what characteristics of relevant to the circumstances of the loss of control?

Answer 17

Been taunted about a physical disability, but not mental illness or any factors that are related to tolerance and self restraint, for example, intoxication or racial hatred

Question 18

Mohammed

Answer 18

where there is a case evident of mental illness, it could be raised under diminished responsibility

Question 19

What will happen if a defendant is intoxicated plus case

Answer 19

did you we need to ignore the intoxication as it has bearing on the defendants degree of tolerant in self restraint, and they need to determine whether a sort of person would’ve acted in the same way
Asmelash