a partial defense to murder under the Coroners&Justice Act
1 of 20
Richens is a - as to whether -
subjective test as to whether D did lose control, not that they should have done
2 of 20
Ward: if there is evidence of - fear trigger is satisfied
fear of serious violence from an identifiable person to D or another identifiable person
3 of 20
Martin: if evidence shows - even if - fear trigger satisfied
genuine fear of violence from identifiable person, even if unreasonable
4 of 20
D can't use the fear trigger if there's - (2)
Considered desire for revenge or fear of future violence
5 of 20
Considered desire for revenge is where the killing is - (2)
planned or retribution for hurting another
6 of 20
Ibrams&Gregory: If the evidence shows - this is not CDR (2)
no plan to kill / D is out of control with no plan to kill despite wish to hurt until V's death
7 of 20
Baille: If evidence shows - this isn't CDR (2)
provocation is enough to make the RM lose control with no cooling period
8 of 20
Ahluwalia: if D - the fear trigger cannot be used
fears future violence
9 of 20
Anger trigger is -
things said/done that the RM would feel extremely wronged and feel is extremely grave
10 of 20
DPP V Camplin: If evidence shows - the anger trigger is satisfied
The RM would believe the things said/done were extremely grave / would feel wronged
11 of 20
Doughty: If evidence shows - the anger trigger isn't satisfied
The RM wouldn't believe the things said/done were extremely grave/feel wronged
12 of 20
Clinton: If D - this isn't an anger trigger
sees/discusses sexual infidelity
13 of 20
Clinton: If V - and D - this satisfies anger trigger
V taunts D about sexual infidelity / sexual nature and D loses control
14 of 20
Dawes: Whether LOC in a - is - it doesn't matter
grave situation is delayed or immediate
15 of 20
Thornton: If there's evidence of - it's more likely - however - means they're less likely to've lost control at the time of the killing
previous violence by V to D | more likely D suffered LOC from things said/done up to and including the fatal blow | however the longer the delay the less likely D lost control at the time of the killing
16 of 20
Dawes: Where evidence shows - this is a - and D can't use the anger trigger
D's actions were intended to give him an excuse to LOC and use violence | self inflicted trigger
17 of 20
The Normal Person test
1) are age and sex relevant? 2) AG Jersey V Holley: would RM have to use normal tolerance and self restraint
18 of 20
In the same circumstances as D (Morhall, Asmelash and Humphreys)
1) was D taunted about RMC? 2) was D intoxicated when lost control? (can't use) 3) evidence of long history of violent abuse/attention seeking (as long as sufficiently permanent)
19 of 20
Reacted in a similar way test
1) jury decide D exceptionally lost temper and killed 2) because the situation made D very angry/scared 3) would jury act in a similar way
20 of 20
Other cards in this set
Card 2
Front
Richens is a - as to whether -
Back
subjective test as to whether D did lose control, not that they should have done
Card 3
Front
Ward: if there is evidence of - fear trigger is satisfied
Back
Card 4
Front
Martin: if evidence shows - even if - fear trigger satisfied
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