Loss Of Control

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Where is the defence of loss of control found?
S.54-56 Coroners and Justice Act 2009.
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What type of defence is loss of control?
A partial defence.
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The killing must have resulted from...?
...a loss of self control.
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Loss of control need not be sudden but...?
...control must have been lost.
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What will any time lapse have an effect on?
Whether the jury believes that the D had lost control at the time of the killing.
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The D must not have been acting in a...?
...considered (pre-thought) desire for revenge.
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Loss of control must have resulted from a qualifying trigger. What is the fear trigger?
'It was attributable to the D's fear of violence against themselves or an identified person.'
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Loss of control must have resulted from a qualifying trigger. What is the anger trigger?
'It was attributable to a thing or things said and done which: A) constituted circumstances of an extremely grave character, B) caused D to have a justified sense of being wronged.
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What is found under S.55 (6) Coroners and Justice Act 2009?
Sexual infidelity.
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Under S.55 (6) when can you not use the defence of loss of control?
When a thing or things said and done constitutes sexual infidelity.
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When sexual infidelity is coupled with other things said and done, loss of control can be used as a defence. What case demonstrates this?
R v Clinton.
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What is the objective test?
'A person of the D's sex and age, with a normal degree of tolerance and self-restraint and in the same circumstances of the D might have reacted in the same or similar way to the D.'
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What case states no cases need to be cited?
Gurpinar Kojo Smith.
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Lord Thomas CJ said "it should rarely be necessary to..."
"...look at cases decided under the old law of provocation. The defence is fully encompassed within the statutory provisions."
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Other cards in this set

Card 2

Front

What type of defence is loss of control?

Back

A partial defence.

Card 3

Front

The killing must have resulted from...?

Back

Preview of the front of card 3

Card 4

Front

Loss of control need not be sudden but...?

Back

Preview of the front of card 4

Card 5

Front

What will any time lapse have an effect on?

Back

Preview of the front of card 5
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