Loss of control

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4 Terms

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Loss of Control (LC)

A partial defense in murder cases where the defendant can claim a loss of self-control from a qualifying trigger, leading to voluntary manslaughter instead of a mandatory life sentence.

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Qualifying Trigger

Fear or anger that causes a justifiable sense of being seriously wronged, as defined in sections 55(3) and 55(4) of the Coroners & Justice Act 2009.

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Loss of Self-Control

When the defendant is not in control of their own mind, going beyond just being unable to think straight, as explained in section 54(2) of the Act.

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Objective Test

The requirement for the defendant to satisfy a standard where a person of the same age, sex, and circumstances, with a normal degree of tolerance and self-restraint, would have reacted the same, according to section 54(1) of the Act.