Voluntary Act Ms Loc

Question 1

Factors proven for loss of control

Answer 1

Under s 54 1 of coroners and justice act 2009
A) killing resulted from loc
B) was due to qualifying triggers
C) someone of ds age sex and of a normal degree of tolerance would have acted similar

Question 2

Was there loc

Answer 2

Partial loss is not sufficient
S 54 2 cja loc need not be sudden
R v Jewell d must have really lost it

Question 3

Qualifying triggers

Answer 3

Set out by s55
S55 3 D feared violence from v against themselves or another
S 55 4 things said or done which
A) constituted circumstances of a grave character
B) caused d to have a justifiable sense of being seriously wronged
S 55 5 can be a combination of both triggers

Question 4

R v ward

Answer 4

Fear of violence need not be against d

Question 5

S 55 6 & R v Dawes

Answer 5

D can’t rely on defence when they incited the violence

Question 6

R v zebedee

Answer 6

Feeling justifiably wronged is objective

Question 7

R v Clinton

Answer 7

Sexual infidelity is not a trigger by itself but can be considered in combination w other factors

Question 9

S 54 1 c

Answer 9

Judged objectively based on age and sex only. Ds general temperament not taken into account

Question 10

Mental health

Answer 10

Taken into account only when deciding if what was said or done is a qualifying trigger

Question 11

Intoxication

Answer 11

Can’t rely on defence if intoxicated BUT if someone would have reacted same way when sober then they might be able to use it
Asmelash - defence can’t be relied on when intoxicated

Question 12

Provocation

Answer 12

Cja set out to resolve problems in previous law of being provoked. Things like dinner not being cooked or baby crying 😬

Question 13

R v ibrams and Gregory

Answer 13

Can’t use defence when there’s elements of premeditation

Question 14

Addiction

Answer 14

Whether defendant is an addict can be taken into account when deciding if something was a qualifying trigger