s54 Coroners and Justice Act 2009

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Last updated: May 21, 2025
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1. Loss of Control
x
There must be a loss of control, which is defined as a loss of normal powers of reasoning. It is assessed subjectively
Jewell
A short time lapse may indicate that D lost control, while a longer time lapse may be evidence that D "cooled ___" and killed with a considered desire for revenge.
down
Relevant factors in assessing this include D's temperament and the _________
circumstances
.
x
2a. Fear Trigger
x
The violence must be directed either at D, or another ____ person
identified
D may not rely on the defence where he incites violence as an excuse to kill
Dawes
The violence D subjectively fears must objectively be _______
serious
.
x
Hint
Answer
2b. Anger Trigger
x
Thing said or done which are of extremely ____ character and gave D a justifiable sense of being wronged
grave
Sexual infidelity on its own is not a QT, but is relevant to assessing whether other possible QTs are extremely grave
Clinton
This test is _____
objective
.
x
3. Same Reaction
x
Might a person, of the same age and sex as D, with normal ________ and self-control in all D’s circumstances have reacted the same way as D?
tolerance
Sexual infidelity is relevant to this test
Clinton
Voluntary intoxication is irrelevant to this test
Asmelash
Mental health issues (any anything else which affects self-control) is irrelevant if it affects self-control or tolerance
Rejmanski
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