Loss of self control Flashcards
(9 cards)
What is loss of self-control?
Loss of self-control is a partial defence to murder where the defendant’s actions resulted from a loss of self-control.
What are the elements that need to be proven for loss of self-control?
The elements are: (a) D’s acts resulted from loss of self-control, (b) the loss had a qualifying trigger, and (c) a person of D’s sex and age might have reacted similarly.
What are the evaluation points for the law of loss of self-control?
Evaluation points include the understanding of the test for loss of self-control and its implications in legal contexts.
What are the elements of the actus reus and mens rea of murder?
The actus reus involves the unlawful killing of another, while the mens rea is the intention to kill or cause serious harm.
Why is loss of self-control a partial defence for murder?
It is a partial defence because it acknowledges mitigating circumstances that may lessen the culpability of the defendant.
What are the partial defences to murder?
The partial defences are loss of self-control, diminished responsibility, and suicide pacts.
What is the test for loss of self-control according to the Coroners and Justice Act 2009?
The test includes three elements: D’s acts resulted from loss of self-control, the loss had a qualifying trigger, and a reasonable person might have reacted similarly.
What is a qualifying trigger for loss of self-control?
A qualifying trigger is an event or circumstance that causes the defendant to lose self-control.
What does the term ‘mitigating circumstances’ refer to?
Mitigating circumstances refer to factors that lessen the severity of the sentence.
