LOSS OF CONTROL

Question 1

s54 coroners and justice act 2009

Answer 1

If D kills or is party to killing of another, he won’t be convicted if

•Ds act or omissions resulted from his loss of self control
•The loss of self control had a qualifying trigger
•A person of same sex and age with normal degree of tolerance in the same circumstances might have reacted in a similar way

Question 2

JEWELL

Answer 2

The loss of self control does not have to be sudden CJA s54(2)

Question 3

Fear trigger section number

Answer 3

s55(3)

Question 4

CLINTON

Answer 4

Sexual infidelity can never be a qualifying trigger s55(6)

Question 5

IBRAMS AND GREGORY

Answer 5

s55(6) states that the defence is not allowed if it’s a revenge killing

Question 6

Anger trigger section number

Answer 6

s55(4)

Question 7

WARD

Answer 7

Fear of violence from V against D or another person

Question 8

ZEBEDEE

Answer 8

Anger trigger
things said or done that are of extremely grave nature and caused D to have a justifiable sense of being wronged

Question 9

Standard of self control expected from D (2 cases)

Answer 9

D won’t be convicted if
- someone of the same age and sex as D
- with a normal degree of tolerance (HOLLEY, can’t take into account abnormalities)
- in the same circumstances
- might have reacted the same way (VAN DONGEN)

Question 10

What are not qualifying triggers

Answer 10

Sexual infidelity - CLINTON
Revenge killings - IBRAMS & GREGORY

Question 11

Define fear trigger

Answer 11

S55(3)
WARD
Fear of violence from V against D or another person

Question 12

Define anger trigger

Answer 12

ZEBEDEE
s55(4)
Things said or done both which must be of an extremely grave nature and must have caused D to have a justifiable sense of being seriously wronged