loss of control

    Cards (13)

    • s54 coroners and justice act 2009
    • loc = defendant must kill as a result of loss of control
    • need not be sudden (Baillie)
    • longer time lapse, less likely to succeed (Ibrams and Gregory)
    • loc must be recognised by a qualifying trigger
      1. can fear violence for another/D was in fear of serious violence (Ward)
    • 2. things said or done constituting circumstances of an extremely grave character but also caused D to have a justifiable sense of being seriously wronged (Zebedee) (Hatter) (Bowyer)
    • 3. a combination of both
    • sexual infidelity to be disregarded (Dawes) unless essential part of context (Clinton)
    • not available if act of revenge (Ibrams and Gregory)
    • triggers are disregarded if D incited something
    • objective test - would a person with normal self control have reacted in the same way (Camplin)
    • short temper must be disregarded (Mohammed)
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