Loss Of Control Flashcards
(7 cards)
1
Q
Definition
A
S.54 coroners and justice act 2009- 3 state test
2
Q
Stage one
A
D must have lost their self control. Doesn’t need to be sudden but the longer the delay the less likely. D’s circumstances (gregson)
3
Q
Stage two
A
The loss of control must be due to a qualifying trigger- anger (hatter) or fear (Pearson)
4
Q
The fear trigger
A
D fears serious violence to themselves or another person
5
Q
The anger trigger
A
1) things said or done
2) amount to grave provocation
3) justifiable sense of being wronged
6
Q
Stage three
A
would a reasonable person of the same age, gender, and with a normal degree of tolerance have acted in a similar way (Holley)
7
Q
Evans
A
This defence cannot be used in a Desire for revenge
