Loss of Control
- Created by: Unknown26
- Created on: 12-04-14 15:09
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- Loss of Control - S54 Coroners and Justice Act 2009
- 1. Subjective test - Is there evidence of loss of control?
- Must be a loss of control at the time of the killing - Does not need to be sudden and temporary
- Ahluwalia and Thornton
- 2. Subjective test - Did that loss of control arise from a qualifying trigger?
- Fear of serious violence; or things done or said which are of an extremely grave character and have led to a justifiable sense of being seriously wronged.
- Excluded: Desire for revenge, sexual infidelity and inciting the victim to perform one of the qualifying triggers.
- Clinton - allowed sexual infidelity, but when there is another qualifying trigger... Doughty and Ahluwalia
- 3. Objective test - Would the reasonable man have been affected by the qualifying trigger?
- Reasonable man can have the same characteristics (affected)
- 4. Objective test - Would the reasonable man have lost their control in the way the defendant did?
- Reasonable man = same age and sex as defendant - control
- 1. Subjective test - Is there evidence of loss of control?
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