Loss of Control

Question 1

Act

Answer 1

s.54-s.55 of the Coroners and Justice Act 2009

Question 2

Type of defence

Answer 2

This is a special defence to murder and it is a partial defence therefore the D will be convicted of voluntary manslaughter if successful

Question 3

Lost control

Answer 3

It must be proven that the D lost control at the time of the killing. It does not need to be sudden but the longer the delay the more likely it is the D regained self control (Ibrams v Gregory)

Question 4

Revenge

Answer 4

The defence is invalidated when the killing is motivated by revenge (Baillie)

Question 5

Fear trigger

Answer 5

A fear of violence from the V against the D (Martin)

Question 6

Anger trigger

Answer 6

A thing said or done of extremely grave character which caused the D to have a justifiable sense of being (Bowyer)

Question 7

Restrictions

Answer 7

Incited for an excuse for violence
Incited for feeling seriously wronged
Sexual Infedelity

Question 8

Objective test

Answer 8

This test stated that someone of the same sex and age, with a normal degree of tolerance and self restraint might have reacted in the same way

Question 9

Normal degree

Answer 9

Excluded irrational prejudices (Mohammed) and any bad temper