Loss of control

Question 1

How is loss of control defined?

Answer 1

The defendant has had a total loss of control caused by a qualified trigger and someone of the defendant’s sex and age, with a normal degree of tolerance and self-restraint, would have acted in the same or similar way

Question 2

Which statute sets out loss of control?

Answer 2

s54 Coroners and Justice Act

Question 3

Which trigger is fear of serious violence?

Answer 3

s55(3)

Question 4

Which trigger is things done or said which constituted a situation of extremely grave character and gave a justifiable sense of being wronged?

Answer 4

s55(4)

Question 5

Which trigger is a combination?

Answer 5

s55(5)

Question 6

Which case shows that the defendant cannot act out of a desire for revenge?

Answer 6

Ibrams v Gregory

Question 7

Can sexual infidelity be a trigger?

Answer 7

Not on its own, but it can be taken into context (R v Clinton)

Question 8

Which case shows that where the defendant incited the violence, they cannot rely on the fear of violence trigger?

Answer 8

R v Dawes

Question 9

Which case shows that a short temper is irrelevant?

Answer 9

R v Mohammed