Loss of Control

HideShow resource information
  • Created by: Unknown26
  • Created on: 12-04-14 15:09
View mindmap
  • 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


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »