Loss Of Contol

Question 1

What could be argued for this defence?

Answer 1

Voluntary manslaughter - loss of control

Question 2

What section and act is used for loss of control?

Answer 2

S.54 Coroners and Justice Act 2009

Question 3

How many stages are there?

Answer 3

3

Question 4

What’s the first stage and what’s the section for it?

Answer 4

Stage 1 - S.54 (2) - The D must have lose their self control

Question 5

What happens if it isn’t sudden?

Answer 5

This does not need to be sudden, but the longer the delay, the less likely the D will be to get the defence.

Question 6

What does it say about the Ds circumstance and what case is used?

Answer 6

D’s circumstance are also relevant according to Gregson in assesing whether the D did lose their self control.

Question 7

What four things that the D could lose their self control over?

Answer 7

Epilepsy, depression, unemployment, stress

Question 8

What’s stage 2 and what section is relevant?

Answer 8

Stage 2 - S.55 - The loss of control must have a qualifying trigger.

Question 9

How many triggers are there and what are they?

Answer 9

There are two triggers - fear trigger and the anger trigger.

Question 10

What case is used for the fear trigger?

Answer 10

Pearson

Question 11

What case is used for the anger trigger?

Answer 11

Hatter

Question 12

What does the fear trigger say and what’s the test?

Answer 12

D fears serious violence to D or another person (pearson) - subjective test and D must have genuine fear.

Question 13

What other defence can be used if the fees trigger is relevant?

Answer 13

Self defence

Question 14

What test is used for the anger trigger and how many rules are there?

Answer 14

Fully objective test and there are 3 rules

Question 15

What’s the first rule for the anger trigger?

Answer 15

1) there must be things said or done

Question 16

What’s case can be used for the side rule - sexual infidelity?

Answer 16

Clinton

Question 17

What does the side rule - sexual infidelity say?

Answer 17

That it alone cannot be used as the things said to done and there must be another provoking factor.

Question 18

What’s the second rule for anger trigger?

Answer 18

2) the things said to done must amount to a grave provocation

Question 19

What’s the third rule for the anger trigger?

Answer 19

3) causes the D to feel a justifiable sense to being seriously wronged

Question 20

What sections is used for stage 3 and what does it say?

Answer 20

Stage 3 - S.54 (3) Would a reasonable person of the same age and gender as the D and with a normal degree of tolerance have acted in a similar way?

Question 21

What case is used for stage 3?

Answer 21

Holley

Question 22

What does the final side rule say?

Answer 22

The defence cannot be used in a desire for revenge

Question 23

What case can be used for that side rule?

Answer 23

Evans