Wording of tests

• loss of control:

  • s54(1)(c) a person of D's sex and age with a normal degree of tolerance and self restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
• R V Church, unlawful act manslaughter:

  'such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm albeit not serious harm.'
• R V Bateman, gross negligence manslaughter

  'showed such disregard for life and safety of others as to amount to a crime against the State and conduct deserving punishment.'
• theft, dishonesty in Ivey V Genting casinos:

  'would the ordinary decent member of society regard the actions as dishonest.'
• R V Lloyd, intention to permanently deprive;

  'the goodness, the virtue, the practical value has gone out of the article.'
• duress:

  'would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded in the same way'
• diminished responsibility: Byrne

  'a state of mind so different from that of an ordinary human being that a reasonable person would term it abnormal.'