Loss of Control (Homicide)
- 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
- A) A loss of self-control
- 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
- 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
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