loss of control
- Created by: natalia ailoaie
- Created on: 15-02-23 13:56
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- loss of control
- 1. s54(1)(a)- d must suffer from a 'loss of self control'
- jewell- losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning
- examples of things that illustrate loss of control: crying, shaking, fear
- s54(2)- d's loss of control need not be sudden
- dawes- thin line between slower loss of control and premeditation
- EXCLUSION
- s54(4)- d cannot use the defence if he acted out of a 'considered desire for revenge'
- jewell- losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning
- s54(4)- d cannot use the defence if he acted out of a 'considered desire for revenge'
- jewell- losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning
- 2. s54(1)(b)- d's loss of self control must come from a 'qualifying trigger'
- fear trigger- s55(3)- fear of serious violence from V against D or identified person
- Clinton- d must fear serious violence (GBH)
- r v ellis- d's fear can be unreasonable but d can still use the defence
- anger trigger s55(4)-things said and done which must be of an extremely grave character and give D a justifiable sense of being seriously wronged
- evans
- EXCLUSIONS
- s55(6)(c)-the things said or done constituted sexual infidelity must be regarded
- r v Clinton- evidence related to infidelity can be used as long as the evidence makes sense without the infidelity
- s55(a) and (c)- if he incites the fear or anger trigger in order to provide himself with an excuse for violence
- s55(6)(c)-the things said or done constituted sexual infidelity must be regarded
- fear trigger- s55(3)- fear of serious violence from V against D or identified person
- 3. 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
- mohammed
- gregson- d's circumstances can make the things said or done to him more grave
- asmelash- drunkness only reduces the capacity for tolerance and self restraint.
- 1. s54(1)(a)- d must suffer from a 'loss of self control'
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