Loss of Control

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6 Terms

1
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What is Loss of Control?
When D killed as a result of a loss of self-control which was caused by a qualifying trigger and a person of D’s age and sex with a normal degree of tolerance and self-restraint might have acted in the same or similar way to D in these circumstances
2
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R v Baillie
Some time lapses between loss of control and provoking act allowed
3
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R v Ibrams & Gregory
Acting with a “considered desire for revenge” is not a loss of control
4
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What is a “Qualifying Trigger”
(S55)

* A fear of serious violence, or
* Acts/words that constituted circumstances of an extremely grave character that caused D to have a justifiable sense of being wronged
5
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What are the Restrictions to Qualifying Triggers
* D cannot incite triggers to make an excuse to kill
* Sexual infidelity on its own isn’t a trigger (Clinton)
6
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R v Mohammed
The test allows all of D’s circumstances to be taken into account except those that affect their capacity for tolerance and self-restraint