the defence of loss of self-control

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  • Created by: alieke
  • Created on: 01-06-22 19:07
what are the 3 elements of loss of self-control
a person killing or being party to killing may be convicted of manslaughter rather than murder where there exists a a) loss of self-control, b) the loss of self-control had a qualifying trigger, c) a person of D's age and sex with a normal degree of toler
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what 3 qualifying triggers does s. 55 of the Coroners and Justice Act (2009) identify?
1) D's loss of self-control attributable to D fearing serious violence from V to D
2) D's loss of self-control attributable to things done or said which a) constituted circumstances of an extremely grave character which b) caused D to have a justifiable s
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list 2 cases where D's capability for tolerance and self-restraint was affected
R v Duffy (1949)
R v Ibrams and Gregory (1982)
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s. 55 (6) of the Coroners and Justice Act (2009) sets out two further limits as to what may be classed as a qualifying trigger, what are they?
s. 55 (6) (a) the fact that things done or said constituted sexual infidelity is to be disregarded
s. 55 (6) (b) a person may not raise a qualifying trigger if they incited the thing done or said or the violence
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under the old law of provocation, virtually any act was capable of being used as evidence of provocation. The provocative action did not have to be deliberate or aimed at the victim. In R v Doughty (1986), what was accepted as a provocative act?
A baby crying
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Card 2

Front

what 3 qualifying triggers does s. 55 of the Coroners and Justice Act (2009) identify?

Back

1) D's loss of self-control attributable to D fearing serious violence from V to D
2) D's loss of self-control attributable to things done or said which a) constituted circumstances of an extremely grave character which b) caused D to have a justifiable s

Card 3

Front

list 2 cases where D's capability for tolerance and self-restraint was affected

Back

Preview of the front of card 3

Card 4

Front

s. 55 (6) of the Coroners and Justice Act (2009) sets out two further limits as to what may be classed as a qualifying trigger, what are they?

Back

Preview of the front of card 4

Card 5

Front

under the old law of provocation, virtually any act was capable of being used as evidence of provocation. The provocative action did not have to be deliberate or aimed at the victim. In R v Doughty (1986), what was accepted as a provocative act?

Back

Preview of the front of card 5

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