Loss of control Flashcards

1
Q

Loss of control is governed by section __-55 Coroners and Justice Act 2009

A

54

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2
Q

Section 54(5) says that:

A

If there’s evidence, the jury must assume the defence is satisfied unless proven otherwise.

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3
Q

Loss of control is split into ___ elements

A

Three

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4
Q

R v Jewell illustrates the point section ___ makes

A

54(5)

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5
Q

Section 54(2) states that the loss of self-control need not be s____

A

Sudden

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6
Q

The first element of this defence is that the defendant must have lost s____-c____

A

Self-control

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7
Q

Which two cases tell us that there must be a loss of self control?

A

Jewell

R v Ibrams and Gregory

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8
Q

R v Baillie tells us what?

A

One can lose self-control due to provocation

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9
Q

Section 55 clarifies the ____ element of the defence

A

Second

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10
Q

s55(3) says what?

A

Fear is a qualifying trigger

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11
Q

s55(4) says that a___ can be a qualifying trigger

A

Anger

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12
Q

The case of Ward tells us that fear may be a qualifying trigger if the defendant fears violence from the victim against another i___ person

A

identified

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13
Q

Which TWO cases illustrate the application of the fear trigger?

  1. W___
  2. L___
A
  1. Ward

2. Lodge

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14
Q

s55(__) declares that things said or done of an extremely g___ c____ causing D to have a ____ ___ of being seriously w____
us a qualifying trigger

A

s55(4)
Things said or done of an extremely GRAVE CHARACTER causing D to have a JUSTIFIABLE SENSE of being seriously WRONGED is a qualifying trigger

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15
Q

s55(4) features an ____ test

A

Objective

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16
Q

R v Doughty: According to the old law even a c___ b__ could amount to a provocation

A

Doughty

17
Q

Section 55 gives us guidance on the q___ triggers nd also identifies r___

A

Qualifying

Restrictions

18
Q

True or false: s55 (6a) says that D’s fear of violence is to be disregard if the defendant started it

A

True

19
Q

True or false: s55 (6b) says that D’s fear of violence is to be disregard if the defendant started it

A

False- s55(6a) declares that if the D started it then their argument is invalid

20
Q

Which section says that sexual infidelity is not an excuse to murder?

A

s55(6b)

21
Q

Which case says that sexual infidelity is not an excuse to murder?

A

R v Clinton

22
Q

True or false: Element 3 of loss of control is governed by s55 1b

A

False- the objective test is governed by s55 (1) (c)

23
Q

R v Mohammed and

R v Camplin are cases that illustrate which element?

A

Three