Loss Of Control Flashcards
What is the definition for loss of control?
Loss of control is defined under section 54 of the Coroners and Justice Act 2009 as a 3 stage test.
What is stage one of loss of control?
The defendant must have suffered a loss of control, this does not have to be sudden. Longer the delay, less likely to get defence.
During stage one what case allows most people to say they have suffered a loss of control?
Gregson. The case of Gregson allows us to take the defendant’s circumstances into consideration.
What is stage 2 of loss of control?
Section 55 of the Coroners and Justice Act 2009 states that the loss of control must be due to a qualifying trigger. There are two triggers: fear trigger and the anger trigger.
What kind of test is the fear trigger?
Subjective test.
Explain the fear trigger?
The defendant can use the fear trigger if they genuinely feared violence for themself or another person.
What kind of test is the anger trigger?
Objective test.
Explain the anger trigger?
Hatter- 3 steps. 1)Things must be said or done. 2) Amounting to circumstances of an extremely grave character. 3) Caused D to have a justifiable sense of being seriously wronged.
What is the side rule for the anger trigger? (Include case names)
Clinton- If the qualifying trigger is sexual infidelity alone, the defence is lost, there must be another provoking factor.
What is stage 3 of loss of control?
Under section 54(3) of the Coroners and Justice Act 2009, it states, would a person of the same age and gender with a normal degree of tolerance have reacted in the same way?
What is the side rule for stage 3 of loss of control? (Inlcude case names)
Evans- The defence cannot be successful in a desire for revenge.
