Loss of Control (Paper 1)

Question 1

The defence of loss of control means D was

Answer 1

Provoked

Question 2

Act of Parliament which sets out the 3 stage test for loss of control

Answer 2

Coroners and Justice Act 2009 (section 54)

Question 3

Stage 1 of loss of control

Answer 3

D must have a loss of control (must have lost their self-control)

Question 4

Section 54(2) states the loss of control does not need to be sudden, but …

Answer 4

The longer the delay, the less likely D is to get the defence

Question 5

What is the ruling from Gregson

Answer 5

You are allowed to take D’s circumstances into account when assessing whether they lost control

Question 6

Stage 2 of loss control, under section 55

Answer 6

Loss of control must be due to a qualifying trigger

Question 7

What are the two types of qualifying trigger

Answer 7

Fear and anger

Question 8

What is the case for the fear trigger

Answer 8

Pearson (D must have a genuine fear of violence, but it need not be directed at D)

Question 9

For the anger trigger, (Hatter) established this 3 stage objective test

Answer 9

1) Things must said or done

2) Things said or done must amount to grave provocation

3) Causes D to feel a justifiable sense of being seriously wronged

Question 10

What was the decision in Clinton

Answer 10

Sexual infidelity cannot be used on its own for things said or done, there must be another provoking factor

Question 11

Stage 3 of loss of control + what section?

Answer 11

S.54(3) - Would a person of the same age and gender, and with a normal degree of tolerance, have acted in a similar way(Holley)

Question 12

This case stated the defence cannot be used in a desire for revenge

Answer 12

Evans