Loss of Control

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What is Loss of Control?
It is a PARTIAL defence, that can only be used ONCE D IS LIABLE FOR HOMICIDE
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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
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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.
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Name a case to support 'loss of control'?
R v Ahluwalia - poured petrol over her husband.
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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.
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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.
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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?'
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Name a case to support 'Degrees of Tolerance and Self Restraint'?
DDP v Camplin - Raped young boy, 15, kiled middle aged man.
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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

Card 3

Front

Explain first stage of Loss of Control?

Back

Preview of the front of card 3

Card 4

Front

Name a case to support 'loss of control'?

Back

Preview of the front of card 4

Card 5

Front

Explain second stage of Loss of control?

Back

Preview of the front of card 5
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