Loss of Control

Question 1

Where is it defined?

Answer 1

s54 Coroners and Justice Act 2009

Question 2

s54(1)(a)

Answer 2

D must be suffering from loss of self control

Question 3

Jewell

Answer 3

Loss of control is when D is acting without considered judgment or has lost normal powers of reasoning

Question 4

s54(2)

Answer 4

LoC doesnt need to be sudden

Question 5

s54(4)

Answer 5

Cant use defence of D acts out of considered desire for revenge

Question 6

S54(1)(B)

Answer 6

Must come from qualifying trigger

Question 7

Fear section/ definition

Answer 7

s55(3)
When D fears serious violence against themselved/ identified person

Question 8

R v Ellis

Answer 8

Can fear violence for another

Question 9

R v Clinton (fear)

Answer 9

Only serious violence will suffice eg GHB

Question 10

Did D instigate the fear/ problem themselves?

Answer 10

s55(6)(a) and (b)

Question 11

Anger section/ definition

Answer 11

s55(4)
When things said/ done are of extremely grave character and give D a justifiable sense of being seriously wronged

Question 12

Rules of infidelity

Answer 12

S55(6)(c) Disregard sexual infidelity

R v Clinton only include it if other triggers can’t be understood without infidelity

Question 13

s54(1)(c)

Answer 13

A person of D’s Sex, and age, with a normal degree of tolerance/ self-restraint, and in D’s circumstances would have done the same

Question 14

s54(3)

Answer 14

Circumstances are everything other than those whose only relevance is that they affect D’s tolerance/ restraint

Question 15

Asmalesh

Answer 15

Only take condition into account if mercilessly taunted about it