What is the definition of Loss Of Control and who defines it?
Jewell "losing the ability to act in accordance with considered judgement or a loss of the normal powers of reasoning"
Does the LoC need to be sudden? Who clarifies this?
S54(2) Coroners and Justice Act 2009 - no it doesn't. As in the case of Dawes.
What does s54(1)(c) show?
For the LoC to be successful, "a person on D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way."
Are any of D's characteristics which only affect his ability to exercise tolerance and self restraint relevant? Who clarifies this?
s54(3) - NO. As in the case of Asmelash.
What is the s54(4) exclusion?
Considered desire for revenge
What must D's LOC come from? What clarifies this?
S54(1)(b) - must come from a qualifying trigger.
How is the anger trigger defined? Where does it say that?
S55(4) "things said or done of an extremely grave nature, giving D a justifiable sense of being wronged"
What specific anger trigger exclusion is there?
s55(6)(c) - infidelity exclusion
What case(s) show this?
Hatter and Clinton
Why was the D in the case of Evans refused the defence?
V refusing his cup of tea was not something of an extremely grave nature.
What is the fear trigger defined as, and where can this be found?
s55(3) - "fear of serious violence V against D or another identified person"
What does the case of Clinton show?
D must fear serious violence
What was the outcome in the case of Ellis?
Defendant 1 - guilty. Defendant 2- not guilty. (D1 considered desire for revenge, D2 genuinely feared)
Can the triggers be used together? Where is this shown?
YES- s55(5) Bowyer (didn't work).
选择要在Apple App Store上查看的Topgrade应用程序。