Where may D rely on the defence of loss of control?
The killing resulted from D's loss of self-control and the loss of control had a qualifying trigger and a reasonable person might have reacted the same as D
1 of 6
Is D losing self-control a subjective or objective test?
Subjective
2 of 6
Why might lapse of time be relevant?
Jury may consider the time interval between the qualifying trigger and the loss of control
3 of 6
What must the qualifying trigger be caused by?
D's fear of serious violence, and/or things said or done and/or combination of both
4 of 6
Are circumstances sufficeint for things done or said?
No must be things done by the V or things said by the V
5 of 6
What must the things done/said be?
Extrememly grave character and cause D to have a justifiable sense of being seriously wronged
6 of 6
Other cards in this set
Card 2
Front
Is D losing self-control a subjective or objective test?
Back
Subjective
Card 3
Front
Why might lapse of time be relevant?
Back
Card 4
Front
What must the qualifying trigger be caused by?
Back
Card 5
Front
Are circumstances sufficeint for things done or said?
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