LOSS OF CONTROL

Question 1

act and section with definition of loss of control

Answer 1

• s.54-55 Coroners and Justice Act 2009
• D’s act or omission in killing v resulted from a loss of control which had a qualifying trigger and a person of D’s sex and age, with a normal degree of tolerance and self restraint, might have acted in the same or similar way

Question 2

LOSS OF CONTROL
defendant is…

Answer 2

• not in control if he has lost the ability to ‘act with considered judgement or normal powers of reasoning’
• JEWELL

Question 3

LOSS OF CONTROL
the loss of control need…

Answer 3

• not be sudden
• s54(2)
• delay (AHLUWALIA)

Question 4

LOSS OF CONTROL
out of revenge

Answer 4

• can’t use partial defence
• BAILLIE

Question 5

QUALIFYING TRIGGER - FEAR
section and definition

Answer 5

• s55(3)
• d fears serious violence from v

Question 6

QUALIFYING TRIGGER - FEAR
test

Answer 6

• subjective
• fear doesn’t need to be reasonable belief (MARTIN)

Question 7

QUALIFYING TRIGGER - ANGER
section and definition

Answer 7

• s55(4)
• things said or done (or both) which
  a) constituted circumstances of an extremely grave character and
  b) caused d to have a justifiable sense of being seriously wronged

Question 8

QUALIFYING TRIGGER - ANGER
test

Answer 8

• objective
• jury decide if reasonable man would have felt seriously wronged

Question 9

QUALIFYING TRIGGER - ANGER
defence will…

Answer 9

• rarely succeed
• DOUGHTRY

Question 10

QUALIFYING TRIGGER - COMBINATION

Answer 10

• s55(5)
• SANDS

Question 11

QUALIFYING TRIGGER
restrictions
(2)

Answer 11

• s55(6)(a-b) - fear/anger trigger cannot be raised if d has an excuse to use violence (JOHNSON)
• s55(6)(c) - sexual infidelity on its own is explicitly excluded unless there are other qualifying fear or anger triggers

Question 12

OBJECTIVE TEST
section

Answer 12

s54(1)(c)

Question 13

OBJECTIVE TEST
definition

Answer 13

• a jury will decide whether a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in D’s circumstances, might have reacted in the same or similar way to D’

Question 14

OBJECTIVE TEST
important consideration

Answer 14

• age and sex
• CAMPLIN

Question 15

OBJECTIVE TEST
d’s circumstances

Answer 15

• unemployment, epilepsy, depression (GREGSON)
• discovering infidelity (CLINTON)
• sexual abuse suffered as a child (HILL)

Question 16

OBJECTIVE TEST
what can’t be considered

Answer 16

• intoxication (ASMELASH)
• bad temper or anger issues (MOHAMMED)