Loss of Control

Question 1

There must be a total loss of control, this need not be a sudden ‘snap’ but can instead be a slow burn reaction

Answer 1

(Jewell)

Question 2

D may fear violence to themselves or another identifiable person - this is a genuine fear

Answer 2

(Ward)

Question 3

D may also have things said or done to them by V, which constitute an extremely grave character of V and give D a justifiable sense of being seriously wronged - this is an objective question for the jury

Answer 3

(Zebedee)

Question 4

Sexual infidelity will be disregarded as a thing done to D unless it forms part of a wider context

Answer 4

(Clinton)

Question 5

The standard of self-control is an objective test: would a person of D’s sex and age, with an ordinary level of tolerance and self-restraint in their circumstances have lost control?

Answer 5

(Rejmanski)

Question 6

Intoxication will be disregarded; so long as D is acting in accordance with the sober person they may still be able to rely on the defence

Answer 6

(Asmelash)