loss of control

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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
    • 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
    • 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.

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