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
- the fear of violence doesn't have to be against D
- 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
- Ds sense of being wronged must be justifiable
- Clinton
- Sexual infidelity alone cannot amount to a qualifying trigger
- Amelash
- Voluntary Intoxication cannot be considered
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