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Loss of control

QuestionAnswer
What is this defence and what section is this found in A partial defence for murder ; Section 54 (1) Coroners and Justice act 2009
What is the first part of the test for LOC Loss of self control- s.54 (2) removed the sudden requirement between the qualifying trigger and the killing There can be a time delay but D must prove they remained out of control (baillie)
What is the second part of the test Qualifying trigger s55 & 54: anger (zebedee) things done or said must be of a grave nature Fear trigger (sian) genuine fear of serious violence
What is the third part to the test Objective test : evaluating whether someone of the same age and sex with a normal degree of tolerance and self - restraint would have reacted in the same way in that situation (camplin)
What are the exclusions for the triggers Sexual infidelity: not totally excluded if there are other things said or done which contributed to the D LOC
What’s the outcome of the defence Reduced sentence from mandatory life to discretionary life
Created by: Studyykay
 

 



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