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Loss of Control - Coggle Diagram
Loss of Control
Loss of Control
Delayed response will not necessarily defeat the defence as the courts accept that individuals may respond differently
Dawes - stabbed man sleeping next to his wife, murder, no evidence of LoC
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Qualifying Triggers
Fear of serious violence
Must be serious violence - Clinton - killed wife, affair, on a break, MS
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The fear need only be genuine, it does not have to be reasonable
To oneself - Lodge - killed drug dealer who he came at him with a bat, MS
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General
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Special and partial defence to murder, is in s.54 & 55 Coroners and Justice Act 2009
Objective Element
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If the d is mentally ill, the ordinary person would not be
The jury must be satisfied that a person of the d’s age and sex with ordinary levels of tolerance and self restraint in the circumstances might have acted in the same or similar way to the d
Camplin - 15 yr old boy killed man who raped him, age is considered