Loss Of Control

  • Created by: Becca_67
  • Created on: 30-12-18 07:48
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  • Loss of Control
    • if his actions in doing the killing resulted from a loss of self control due to a qualifying trigger that someone the same age and gender with the same degree of tolerence would have reacted the same way
    • s54 Coroners and Justice Act 2009
    • s54(2)
      • D's loss of self control doesn't have to be sudden
    • Jewell
      • being unwell, tired and depressed is insufficient
    • s55
    • Ward
      • the fear of violence doesn't have to be against D
        • 1) a fear of serious violence against them or an identifies person
    • Lodge
      • Cannot be a general fear of violence
    • Dawes
      • cannot be used where D inticed the violence
    • Hatter
      • Ds sense of being wronged must be justifiable
        • 3) a sense of being seriously wronged
    • Clinton
      • Sexual infidelity alone cannot amount to a qualifying trigger
    • Amelash
      • Voluntary Intoxication cannot be considered

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