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Loss of control - Coggle Diagram
Loss of control
Qualifying trigger (ii)
Caused defendant a justifiable sense of being seriously wronged
Circumstance of an extremely grave nature
Things said or done
S.55(6) (c) sexual infidelity to be disregarded however R v Clinton
S.55(4)
Loss of control
Need not to be sudden – S.54(2)
Might follow from cumulative impact of earlier events – R v Dawes
Happened at the time of the killing – S.54
Defences will be negated if any evidence of revenge – S.54(4)
Objective Test
External characters not to be taken into account R v Asmelash
That of the defendants sex and age
Normal degree of tolerance + self-restraint
Qualifying Trigger (4)
Fear of serious violence
R v Ward + R v Lodge
Subjective Test
Partial defence – Sentence at discretion of the judge
3 Criteria to establish
S.54 + S.55 Coroners + Justice Act 2009