Loss Of Control

Question 1

D may be able to argue…

Answer 1

Defence of voluntary manslaughter specifically loss of control

Question 2

S54 coroners and justice act 2009-

Answer 2

Sets out a 3 stage test

Question 3

Stage 1

Answer 3

D must have lost their control
Does not need to be sudden but the longer the delay the less likely they are to get the defence

Question 4

Gregson-

Answer 4

Do circumstances are also relevant e.g epilepsy depression unemployment stress

Question 5

Stage 2-

Answer 5

Loss of control must be due to a qualifying trigger

Question 6

Fear trigger-

Answer 6

D fears serious violence to D or another person (Pearson)

Question 7

Anger trigger

Answer 7

Things said or done (Hatter)

Question 8

Side rule:

Answer 8

Sexual infidelity alone cannot be used as things said or done there must be another provoking factor (Clinton)

Question 9

Anger…

Answer 9

•Things said or down must amount to grave provocation
•D must feel a justifiable sense of being wronged

Question 10

Stage 3

Answer 10

Would a reasonable person of the same age and gender with a normal degree of tolerance have reacted the same way? (Haley)