| 单词 | loss of control |
| 释义 | loss of control In order to establish a defence of loss of control several different elements need to be addressed. Firstly, it must be established that the killing resulted from a loss of self-control on behalf of the defendant; in a change from the previous law, which was based on the concept of provocation, it does not need to be shown that the loss of control was sudden (R v Ahluwalia [1992] 4 All ER 889). Secondly, there is the issue of the defendant’s characteristics: in a subtle change to the law, the question asked now is whether a person of the defendant’s sex and age with a normal degree of tolerance and self-restraint might have acted the same or similarly in the circumstances (the reference is to all of the defendant’s circumstances provided they do not bear on his capacity for tolerance or self-restraint). Thirdly, the loss of self-control needs to have been through a “qualifying trigger”. A loss of self-control has a qualifying trigger if it was either i) attributable to the defendant’s fear of serious violence from the victim; or ii) attributable to a thing or things done or said (or both) which a) constituted circumstances of an extremely grave character and b) caused the defendant to have a justifiable sense of being seriously wronged. |
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