Loss of control mind map

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  • Loss of Control
    • 3 Part test =
      • 1 - Did the defendant lose their control
      • 2 - The loss of control had a qualyfing trigger
      • 3 - Would a reasonable person of the D's age and sex act in a similar way
    • The loss of control does not have to be sudden
      • If defendant acts with revenge there will be no defence granted.
        • This does contradict the fact that LOC doesn't have to be sudden.
        • Cases:
          • Ibrams and Gregory (Planned to kill D)
          • Baillie (shot dead sons drug dealer)
    • Section 54 3 looks at the history of abuse the defendant suffered at hands of victim
      • Cases:
        • Ahluwalia (Petrol)
        • Thornton (Knives)
    • Qualyfing triggers - S55
      • 2 - things done or said are of an extremely grave character
      • 1 - D had a fear of serious violence from the victim
      • 3 - The defendant had a justified sense of being seriously wronged
    • Sexual infidelity
      • Disregarded
        • Clinton case
    • Objective test
      • Jury must decide if a person of the same sex and age as the defendant would act in the same way
      • Camplin (boy abused = hit pan over mans head)
        • Jury must decide if a person of the same sex and age as the defendant would act in the same way
        • Mohammad (Muslim dad)
        • Holley (man axed wife)

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