Loss of Control (Homicide)

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  • Created by: DeVanté
  • Created on: 31-03-14 12:55
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  • Loss of Control/ Provocation
    • The loss of control defence was introduced by s.54 of the coroners and justice act, and amendment of Provocation set out in s.3 of the Homicide Act 1957
    • s.54 coroners and justice act 2009
      • A) A loss of self-control
        • R v Ibrams & Gregory 1982
      • B) The loss of self control had a qualifying trigger
        • R v Davies
        • Sexual infidelity: There can be no excuse for killing due to infidelity
          • R v Clinton 2012
        • Incitement: The limitation based on incitement represents a move away from the law of provocation were self-induced provocation could be relied upon
          • R v Johnson 1989
      • C0 A person of D's sex and age, with a normal degree of tolerance and self-restraint and in circumstances of D, might have reacted in the same or similar way to D
    • Degree of tolerance and self-restraint
      • S.54 requires that a person of the defendants sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or similar way
        • A-G for Jersey v Holley 2005

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