Loss of Control - Partial Defence

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  • Created by: Janki
  • Created on: 07-12-14 11:46
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  • Loss of Control
    • S52 Coroners and Justice Act
    • 1) Qualifying trigger
      • D fears serious violence or D is provoked due to 'things done or things said' which were of an extremely grave character
        • Doughty - 'things done or things said'
        • Humphries - the trigger may be cumulative
        • Clinton - sexual infidelity does not count as a trigger, however other triggers may exist around it
        • Johnson - D can begin the provocation and this will not necessarily remove the defence from them
        • Pearson - the provoking act does not have to be aimed at D
    • 2) Loss of self control
      • Need not be sudden but cannot be considered a desire for revenge or a cooling off period
        • Ballie - the time space may have acted as a winding up period here the D became more and more angry
        • Ahluwalia- the reaction need not be 'sudden'.
        • Thornton - there cannot be a 'cooling off period'
        • Ibrams and Gregory - reaction must not be a considered desire for revenge
    • 3) A reasonable person of D's sex, age, with a normal degree of tolerance and self-restraint in the circumstances of D, would have acted in the same way
      • Camplin - age and sex are relevant in deciding the level of self-control expected
      • Holley - short temper cannot be included
      • Gregson - characteristics cannot be considered in the level of self control to be expected of D, but can be considered in terms of how quickly they become provoked


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