It is a PARTIAL defence, that can only be used ONCE D IS LIABLE FOR HOMICIDE
1 of 8
How many steps are in the PARTIAL defence of Loss of Control?
Three - A loss of Control, A qualifying trigger and degree of tolerance and self retraint
2 of 8
Explain first stage of Loss of Control?
The first stage of loss of control, is a subjective test determining whether there has been a loss of control.
3 of 8
Name a case to support 'loss of control'?
R v Ahluwalia - poured petrol over her husband.
4 of 8
Explain second stage of Loss of control?
A qualifying trigger - which can be two things. A fear of serious violence, the defendant was subjectively in fear of serious violence. Or things said or done that constitutes circumstance of grave character.
5 of 8
Name a case to support 'Qualifying trigger'?
R v Davis - The defendant killed his wife adter seeing her lover walk to the place of her work.
6 of 8
Explain the third stage of Loss of control?
Degree of Tolerance and Self Restraint - 'Would a reasonable person of defendants characteristics would act the same?'
7 of 8
Name a case to support 'Degrees of Tolerance and Self Restraint'?
DDP v Camplin - ***** young boy, 15, kiled middle aged man.
8 of 8
Other cards in this set
Card 2
Front
How many steps are in the PARTIAL defence of Loss of Control?
Back
Three - A loss of Control, A qualifying trigger and degree of tolerance and self retraint
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