loss of control

Question 1

murder is reduced to manslaughter due to what two defences?

Answer 1

loss of control
diminished responsibility.

Question 2

what does loss of control cover?

Answer 2

situations where D causes death but at the time of the killing lost self-control and reacted as a ‘normal person’ might have in D’ situation.

Question 3

in what act is loss of control set out in ?

Answer 3

Coroners and Justice Act 2009.

Question 4

what section of what act states that a person who kills may be convicted of manslaughter rather than murder where it exists: and what does it say?

Answer 4

S.54 Coroners and Justice Act 2009:
-a loss of self-control.
-the loss of control had a ‘qualifying trigger.
-a person of D’s sex and age with a normal degree of self-restraint and tolerance and in the circumstances of D, might have reacted in the same or similar way to D.

Question 5

what are the 3 key elements?

Answer 5

loss of control + qualifying trigger + normal person test.

Question 6

what does a loss of self control mean?

Answer 6

This means as a loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning.

Question 7

what is a case for a loss of self control?

Answer 7

Jewell (2014).

Question 8

does loss of control have to be sudden?what section states this?

Answer 8

S.54(2):
loss of control need not be sudden.

Question 9

what section specifically excludes situations where D has acted ‘in a considered desire for revenge’.

Answer 9

S.54(4).

Question 10

2) what act and section states that their must be a qualifying trigger?

Answer 10

S.55 Coroners and Justice Act 209.

Question 11

what section states the fear trigger and what is it? also provide a case:

Answer 11

S.55(3): D fears serious violence from V against D or another identified person.Ward.

Question 12

what section states the anger trigger and also provide a case?

Answer 12

S.55(4) - things said or done which are of an extremely grave character, which caused D to have a justifiable sense of being seriously wronged.-Zebedee.

Question 13

what are 3 limitations on qualifying triggers?

Answer 13

-sexual infidelity-is to be disregarded-Clinton
-incitement- if they have encouraged the thing said or the violence.-DAWS-induced the violence.
-revenge-excludes situations where D has acted in a considered desire for revenge.

Question 14

3) what does the normal person test say?

Answer 14

requires that a person of the Defendant’s sex and age, with a normal degree of self restraint and tolerance , in the circumstances of the D might have reacted in the same or similar way.

Question 15

what is a case for the normal person test?

Answer 15

Christian (2013).