loss of control

• What must loss of control be more than?

  It is more than a loss of temper or qualified desire for revenge
• What are the qualifying triggers for loss of control?

  • Fear of serious violence
  • Circumstances occasioning an extremely grave character
  • Justifiable sense of being seriously wronged
• Who must the qualifying trigger be aimed at in a loss of control case?


  At D or someone with a very close relationship to D
• How should a person with D's characteristics react to the qualifying trigger?

  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
• Are control characteristics considered in loss of control cases?


  No, control characteristics are not accounted for
• Do honest and genuine mistakes count as triggers for loss of control?


  Yes, honest and genuine mistakes count as triggers
• Can D start the incident leading to loss of control?


  Yes, as long as he is not doing so to have an excuse to incite violence
• What legislation outlines the loss of control in voluntary manslaughter?

  S54 Coroners and Justice Act 2009
• What case established that significant anger can be caused by circumstances of extremely grave character?


  Zebedee
• What does the Hatter case illustrate regarding loss of control?


  It illustrates a justifiable sense of being seriously wronged
• What does the Asmelash case state about intoxication in loss of control cases?


  Intoxication doesn't negate the offence
• What does the Dawes case indicate about bad behaviour in relation to triggers?


  Bad behaviour doesn't disqualify triggers
• According to the Cocker case, how should loss of control occur?


  Loss of control should be sudden after triggers
• What does the Clinton case state about sexual infidelity in loss of control cases?


  Sexual infidelity is not a trigger but can be part of one