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D Has Been Physically Violent Towards His Cohabitee, V, for Several

Question 6

Multiple Choice

D has been physically violent towards his cohabitee, V, for several years. In an argument one evening, he threatens to run her over. Whilst he is sleeping later that night, V attacks him with an axe and kills him. Which of the following applies:


A) Despite the delay, V may succeed with Loss of Control if she can show that she killed as a result of loss of self-control (s54(1) (a) ) produced by a qualifying trigger such as fear of serious violence (s55(3) ) .
B) Loss of Control will fail because of the delay.
C) Loss of Control will succeed because her actions were reasonable.
D) Loss of Control will fail because a delay automatically means the killing was premeditated.

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