Loss of control mind map
- Created by: Hayleyginny2345
- Created on: 03-11-13 18:30
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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)
- If defendant acts with revenge there will be no defence granted.
- Section 54 3 looks at the history of abuse the defendant suffered at hands of victim
- Cases:
- Ahluwalia (Petrol)
- Thornton (Knives)
- Cases:
- 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
- Disregarded
- 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)
- 3 Part test =
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