Loss of contro

Question 1

3 factors for loss of control

Answer 1

Must murder due to loss of control
due to a qualifying trigger
pass normal person test

Question 2

act for loss of control

Answer 2

coroners and justice act 2009

Question 3

section numbers under “must be due to loss of control” factor

Answer 3

S.54(1)(a) - must be due to loss of control
S.54(2) - not have to be sudden
S.54(4) - cannot be planned

Question 4

case for “must have really lost control”

Answer 4

Jewell - can’t be due to losing temper or acting out of character

Question 5

Section number for qualifying triggers

Answer 5

S.54(1)(b)

Question 6

Section numbers under qualifying triggers - what are the triggers?

Answer 6

S.55(3) - feared serious violence
S.55(4) - justifiably wronged
S.55(5) - could be combination
S.55(6)(c) - not be sexual infidelity

Question 7

cases for qualifying triggers

Answer 7

Feared serious violence- Lodge
Seriously wronged - Zebedee
cannot be sexual infidelity - Dawes
can be that mixed with another - clinton

Question 8

what is the normal person test

Answer 8

a person of Ds age and sex with a normal degree of tolerance in similar circumstances react the same way?

Question 9

Section number for normal perosn test

Answer 9

54.(1)(c)

Question 10

What else is included in normal person test?

Answer 10

mental health + history of sexual abuse
intoxication is not

Question 11

cases for what is taken into account by the normal person test

Answer 11

Mental health + sexual abuse- Hill
intoxication is not - Amselash