Loss of control

Question 1

What is loss of control

Answer 1

A partial defence

Question 2

Where can loss of control be found in law

Answer 2

S54 and 55 coroners and justice act 2009

Question 3

What is the definition of loss of control

Answer 3

Ds act or omission in killing the victim resulted from a loss of control which had a qualifying trigger and a person of the same sex and age of the D, with a normal degree of tolerance and self restraint, would have acted in the same way

Question 4

What is the 3 part test that satisfies loss of control

Answer 4

Loss of self control, qualifying trigger and the objective test

Question 5

What is the definition for the loss of self control

Answer 5

The D has lost control if he has lost the ability to act with considered judgement or normal powers of reasoning

Question 6

What case supports the definition of loss of self control

Answer 6

Jewell

Question 7

What section of the act states that loss of self control doesn’t have to be sudden and a delay can be taken into account

Answer 7

S54(2)

Question 8

What case backs up S54(2) for the loss of self control

Answer 8

Baillie

Question 9

What is the definition of a fear as a qualifying trigger

Answer 9

D fears serious violence from V

Question 10

What section supports fear being a qualifying trigger

Answer 10

S55(3)

Question 11

What is the subjective test for fear being a qualifying trigger

Answer 11

As long as the D’s fear of the violence is genuine, it does not need to be reasonable

Question 12

What case is placed with fear being a qualifying trigger

Answer 12

Dawes

Question 13

What are the 2 definitions of anger being a qualifying trigger

Answer 13

1. Constituted circumstances of an extremely grave character
2. Caused the D to have a justifiable reason of being seriously wronged

Question 14

What is the objective test as a part of anger being a qualifying trigger

Answer 14

The jury decide if a reasonable man would have felt seriously wronged

Question 15

What case is used for anger as a qualifying trigger

Answer 15

Hatter

Question 16

What section says it can be a mix of both fear and anger triggers

Answer 16

S55(5)

Question 17

What section states that triggers cannot be used if the D incites the situation and uses it as an excuse for violence

Answer 17

S55(6)(a-b)

Question 18

What section states sexual infidelity alone cannot be enough for an anger trigger

Answer 18

S55(6)(c)

Question 19

What is the definition of the objective test

Answer 19

Jury will decide whether a person of the Ds sex and age, with a normal degree of tolerance and self restraint would have acted in the same or similar way

Question 20

What section does the objective test for loss of control fall under

Answer 20

S54(1)(c)

Question 21

What case is used when stating age and sex are important considerations

Answer 21

Camplin

Question 22

What circumstances of the D will judges look at in loss of control

Answer 22

Unemployment, epilepsy, depression…

Question 23

What case supports the circumstances the judge will look at in loss of control

Answer 23

Gregson

Question 24

What case states sexual abuse suffered as a child will be considered in the objective test of loss of control

Answer 24

Hill

Question 25

What case states intoxication will not be considered in loss of control

Answer 25

Asmelash

Question 26

What case states bad temper or anger issues wont be considered by a judge in loss of control

Answer 26

Mohammed

Question 27

Which case states behaviour which is not reasonable will not be considered for loss of control

Answer 27

Christian