Loss of Control - Unit 3

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  • Created by: Carissa
  • Created on: 04-06-15 13:45
Definition of loss of control - s54(1) Coroners and Justice Act 2009
Will not be convicted of murder if: a) D's act/omission resulted from a LoC b) The LoC had a qualifying trigger c) A person of the same age & gender with a normal degree of tolerance & self restraint may have reacted in a similar way
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s54 (2) and Ahluwahlia
Does not have to be sudden - as it did in the old law of provocation
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s54 (4)
Large timescale may indicate a considered desire for revenge
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s55 (3) Fear trigger
Defendant's fear of violence from V against him or another identified person
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s55 (4) Anger trigger
A thing said or done, or both, which: constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
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s55(6)(c) Sexual infidelity
Anything said or done in relation to sexual infidelity is to to be disregarded
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AG for Jersey v Holley (2005)
Combination of taunting 'you haven't got the guts' and sexual infidelity. Unlikely to succeed based on taunting alone. Short temper is excluded.
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R v Clinton
The court stated that sexual infidelity, although disregarded as a trigger, can be looked at within the circumstances
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Objective test (AG for Jersey v Holley (2005) following Camplin)
A person of the same age & gender with a normal degree of tolerance & self restraint may have reacted in a similar way
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Gregson
Characteristics cannot be considered in the level of self control to be expected to D, but can be considered in terms of how quickly they become provoked.
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Thornton
There cannot be a 'cooling off' period
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Humphries
The trigger may be cumulative
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Other cards in this set

Card 2

Front

Does not have to be sudden - as it did in the old law of provocation

Back

s54 (2) and Ahluwahlia

Card 3

Front

Large timescale may indicate a considered desire for revenge

Back

Preview of the back of card 3

Card 4

Front

Defendant's fear of violence from V against him or another identified person

Back

Preview of the back of card 4

Card 5

Front

A thing said or done, or both, which: constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged

Back

Preview of the back of card 5
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