loss of control

• What does section 54 of the coroners and justice act 2009 say??

  If the D acted in revenge, then they cannot use the defence of LOC
• What does section 54(1A) of the coroners and justice act 2009 say??


  It gives element one of LOC:The D's actions in doing or being part of the killing resulted from the D's loss of control
• What does section 54(1C) of the coroners and justice act 2009 say??

  It gives element 3 of LOC:

  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.
• What does section 54(1B) of the coroners and justice act 2009??

  It gives element 2 of LOC:The LOC resulted from a qualifying trigger
• What does section 55(3) of the coroners and justice act 2009 say??


  It gives the first qualifying trigger of element 2 of LOC:The D feared violence from the V, or another identified person, on themself or another Id'd person
• What does section 54(2) of the Coroners and justice act 2009 say??

  The LOC doesnt need to be sudden as it did in the old law of provocation
• What does section 55(4) of the coroners and justice act 2009 say??

  It gives the second qualifying trigger to LOC:The things  said or done can apply if they are of an extremely grave character and they caused the D to have a justified sense of being seriously wronged
• what does section 55(6A) of the coroners and justice act 2009 say??

  Sexual infidelity isnt a qualifying trigger
• What does section 55(6B) of the coroners and justice act 2009 say??

  A person cant raise any qualifying triggers if they incited the things said or done/violence
• what is does section 54(5) of the coroners and justice act 2009?

  It states that if sufficient evidence is adduced then the jury must assume the defence of LOC is satisfied- unless the prosecution proves beyond a reasonable doubt that it is not
• what is the significance of r v clinton??

  It shows that sexual infidelity cant be used for LOC
• What is the significance of r v dawes??

  It is an example of the D inciting the violence and so LOC cant be used
• What is the significance of the case of r v camplin??

  it is an example of element three suceeding
• What is the significance of the case of R v Ibrams and Gregory ?

  It shows that the D cannot act in revenge if they are wishing to use LOC
• what is the significance of the case of r v mohammed??

  It is an example of LOC failing as the D lost their temper not control
• what type of defence is LOC??

  Partial defence
• Which offence can LOC ONLY be used for?

  Murder