Loss of Control revision

S54 1 - the three part test is... (The defendant will not be found guilty of murder if)

A) The defendant lost their control B) This loss of control had a qualyfing trigger C) A reasonable person of the same sex and age as the defendant may have acted in a similar way

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Does loss of control under new law need to be sudden?

No - takes into account the fact that women slow burn - Ahluwalia

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Cases to illustrate the loss of control need not be sudden

1) Ibrams and Gregory - Plan to kill defendant 2) Baillie - dad arguement with drug dealer = shot

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What is defined under section 54 3

Looks at the history of abuse the defendant suffered at the hands of the victim

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Cases to illustrate S54 3

1) Ahluwalia - Petrol over husband 2) Thornton - stabbed husbands because of abuse

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Revenge???

No defence is allowed - contradicts the fact that loss of control need not be sudden?

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What are the three qualyfing triggers under section 55

1) From fear of serious violence againt D 2) Things said or done are of extremely grave character or the D has a sense of being seriously wronged 3) Can be either of these two said prior

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Section 55 3 - fear of serious violence defined...

Must be a very SERIOUS fear = excuse for violence is disregarded

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Section 55 4 a & b extreme grave character and defendant was seriously wronged - example

Father sees man ****** daughter

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Sexual infidelity?

Disregarded CASE = Clinton

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Objective test states..

Jury must decide if a person of the same sex and age as the defendant with a normal degree of tolenance would have acted in a similar way

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Objective test cases....

1) Camplin - Boy abused hit man over head with pan 2) Mohammad - Muslim dad found daughter in bed with boy so killed her 3) Holley - Man axed wife to death

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Burden of proof states...

Defendant needs to raise evidence beyond reasonable doubt that he/she lost their control

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The main difference between the old and new law is?

Old law didnt rely on medical evidence whereas the new law does. Also the loss of control in the old law had to be sudden

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When did the new coroners and justice act come in?

2009

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Loss of Control revision

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