1B Loss of control (complete)

Question 1

What is the act for loss of control?

Answer 1

S.54 of the Coroners and Justice Act 2009 abolished the defence of provocation and replaced it with “loss of control”.

Question 2

What are the 3 tests for loss of control?

Answer 2

Loss of self control, there was a qualifying trigger and the objective test.

Question 3

What must be considered for loss of self control?

Answer 3

S.54 (2) No longer needs to be sudden loss of self control.

s.54 (4) No considered desire for revenge.

Question 4

What are possible triggers?

Answer 4

Fear and anger

Question 5

Describe the fear trigger

Answer 5

S.55 (3) Fear of serious violence from V, it is subjective.

Question 6

Ratio of R v Ward

Answer 6

Even though D didn’t fear serious violence personally, the trigger applied because he feared that serious violence would be used on his brother.

Question 7

Describe the anger trigger

Answer 7

S.55 (4) Things said or done that must
(a) Constitute circumstances of an extremely grave character
(b) cause D to have a justifiable sense of being seriously wronged

Question 8

Sexual infidelity as a trigger

Answer 8

Sexual infidelity S.55 (6c) cannot be used as a qualifying trigger.

Question 9

Can sexual infidelity ever be used?

Answer 9

Where other factors count as a qualifying trigger, sexual infidelity can be taken into account (Clinton).

Question 10

What are the 3 sections of the objective test?

Answer 10

(a) Same age and gender as D
(b) Same degree of tolerance and self-restraint
(c) ‘in all the circumstances’