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13 Cards in this Set
- Front
- Back
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Definition of LOC comes from? |
S54 Coroners and Justice Act 2009 |
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First element |
Loss of Control s54 (1) (a) |
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Loss of control doesn’t have to be sudden |
S54 (2) |
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Ibrams and Gregory |
The longer the delay between the qualifying trigger and the death the harder it is to say d lost control |
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2nd element |
Qualifying trigger s54 (1) (b) |
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Fear trigger, section & principle |
S55(3) if you fear serious harm or death to yourself or somebody else |
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Things said or done, section & principle |
S55(4) - must be of extremely grave character - cause d to feel justifiably wronged |
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1st restriction, section and principle |
S54(4) revenge If acting in revenge it is not a qualifying trigger |
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2nd restriction |
S55(6)(a) incitement If d incited things said or done it is not a qualifying trigger |
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3rd restriction plus extra case |
S55(6)(c) sexual infidelity is not a qualifying trigger Clinton- other triggers can qualify with sexual infidelity |
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3rd element of LOC |
S54(1)(c) person of d same age/sex would do same or similar |
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Camplin |
Only age/sex characteristics considered |
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Mohammed |
Religion/depression/aggression not considered |
