loss of control

Question 1

Define loss of control

Answer 1

Loss of control is detailed under ss54 and 55 of the coroners and justice act 2009, this is a special and partial defence to murder which will reduce liability to the defence where the killing is as a result of loss of control caused by one of the two qualifying triggers

Question 2

explain loss of control under s54(2)

Answer 2

there must be a total loss of control which does not need to be sudden but can be a slow burn reaction.
R V JEWELL

Question 3

Explain the fear of serious violence

Answer 3

they must fear serious violence from V against D to another identifiable person. ( r v ward)

Question 4

explain the things said or done

Answer 4

the defendant must have said something which constituted an extremely grave character and caused D to have a justifiable sense of being seriously wronged. this is an objective tesst R v Zebedee