LOC

• What type of defence is loss of control?

  Partial
• If successful, what is the effect of loss of control?

  Reduces murder to voluntary manslaughter
• What are the three elements of loss of control?

  Defendant must lose control (s54(2))

  Because of a qualifying trigger (s55)

  A person of the defendant's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or similar way (s54(1)(c))
• What is the first element of loss of control from s54(2)?

  Defendant must lose control
• What is the second element of loss of control under s55?

  Because of a qualifying trigger
• What is the third element of loss of control under s54(1)(c)?

  A person of the defendant's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or similar way
• Where is the law on the first element of loss of control found?

  s54(2)
• Where is the law on the second element of loss of control found?

  s55
• Where is the law on the third element of loss of control found?

  s54(1)(c)
• What is the source for the law on loss of control?

  ss54-55 of the Coroners and Justice Act 2009
• What offence is loss of control a partial defence to?

  Murder
• What is loss of control defined as in Jewell?

  The loss of an ability to act in accordance with considered judgement or a loss of normal powers of thinking
• Which case defines a loss of control?

  Jewell
• What does the loss of control not need to be?

  Sudden
• What can there be in a loss of control?

  A delay
• What can a jury take into account for a loss of control?

  Cumulative impact of events
• What are the two qualifying triggers?

  Fear trigger (s55(3))

  Anger trigger (s55(4))
• Where is the law on the fear trigger found?

  s55(3)
• Where is the law on the anger trigger found?

  s55(4)
• What is the fear trigger defined as under s55(3)?

  The defendant must fear serious violence from the victim
• What is the anger trigger defined as under s55(4)?

  Something done and/or said by the victim, that constituted circumstances of an extremely grave character and caused the defendant to have a justified sense of being wronged
• What type of test is the fear trigger?

  Subjective
• What does the violence not have to do for the fear trigger?

  Happen (can be feared)
• What must the violence be no less than for the fear trigger?

  Serious
• What will the D. have to show for the fear trigger?

  They genuinely feared that the victim would use serious violence
• What can the violence not be for the fear trigger?

  Incited by the defendant
• Which case tells us that for 'things done and/or said' it doesn't actually have to be V. that says/does the things?

  Davies
• What does Davies tell us about 'things done and/or said'?

  Doesn't actually have to be the victim that says/does the things
• What does 'extremely grave' mean?

  Really serious nature
• Which case tells us the breakdown of a relationship is not sufficient for the having a justified sense of being wronged?

  Hatter
• What does Hatter tell us is not enough for having a justified sense of being wronged?

  Breakdown of a relationship
• What does causing the D. to have a justified sense of being wronged mean?

  Having a reason
• What does the case of Zebedee tell us about the anger trigger?

  It's a high threshold test
• What does it mean if the anger test is a "high threshold test"?

  Applied narrowly
• Which case tells us the anger trigger is a high threshold test?

  Zebedee
• What section are the restrictions on the qualifying triggers found?

  s55(6)
• What are the three restrictions on the qualifying triggers under s55(6)?

  s55(6)(a) Defendant incited violence they fear

  s55(6)(b) Unpleasant conduct by itself not enough

  s55(6)(c) Sexual infidelity by itself not enough
• Which restriction for the qualifying triggers is found in s55(6)(a)?

  Defendant incited violence they fear
• Which restriction for the qualifying triggers is found in s55(6)(b)?

  Unpleasant conduct by itself not enough
• Which restriction for the qualifying triggers is found in s55(6)(c)?

  Sexual infidelity by itself is not enough