Loss of Control

Question 1

what statuary law covers LOC

Answer 1

s54 Coroners and Justice Act 2009

Question 2

what does s54(1) say
case

Answer 2

LOC when doing the act
R v Jewell

Question 3

what does s54(2) say
case

Answer 3

LOC does not need to be sudden
R v Ahluwalia

Question 4

what section is qualifying triggers

Answer 4

s55

Question 5

what is the section for when the defendant can have either or both

Answer 5

s55(5)

Question 6

what does s55(3) say
cases

Answer 6

fear of serious violence from the V to the D
R v Goodwin
R v Ward

Question 7

what does s54(4) say

Answer 7

things said or done to them which caused the D to have a justifiable sense of being
a) constitute circumstances of extremely grave character
b) justified sense of being wronged

Question 8

R v Hatter

Answer 8

Circumstances must be extremely grave

Question 9

Excluded matters

Answer 9

Sexual Infedility-Clinton s55(6)(c)
Revenge killing- Dawes s55(6)(a)

Question 10

what does section s54(3) of the normal person test say

Answer 10

a person of D’s sex and age with a normal degree of tolerance and self restraint would have reacted the same in similar circumstances

Question 11

what does s54(1)(c) say

Answer 11

normal person text takes into account sex,age and circumstances but normal degree of restraint and tolerance is expected

Question 12

PTSD

Answer 12

R v McGrory

Question 13

s54(5)

Answer 13

if all parts of the test are proven the jury must assume the defence is complete. Defence is successful