7.2 Loss of Control (VM)

Question 1

Where does loss of control come from

Answer 1

Coroner’s and Justice Act 2009

Question 2

Is Loss of Control a Partial or full defence to murder?

Answer 2

Partial: reduces to voluntary manslaughter

Question 3

3 Elements of a Loss of control needed for success

Answer 3

From CJA 2009
a) D must have a loss of conrtrol (+ causation)
b) Must be Qualifying Triggers
c) Someone of same characteristics would have responded the similar/same in those circumstances

Question 4

1st Element of a loss of control CJA 2009

Answer 4

a) The defendant must lose control
* Does not have to be sudden loss of control
* The D must ‘snap’ or ‘really lose it’ (R v Jewell)
* The Loss of control must be the reason for the murder

All from s54 CJA 2009

Question 5

2nd Element of a loss of control CJA 2009

Answer 5

b) there must be qualifying triggers
* The loss of control must be justifiable basically, there are 2 parts.
* Must come from a fear of violence from victim or someone else (R v Ward)
* Must be things said or done.
1. Were grave of character
2. Caused D justfifiable sense of being wronged
- infidelity does not count as things said or done (R v Clinton)

All from s55 CJA 2009

Question 6

3rd Element of a loss of control CJA 2009

Answer 6

• Objective test for required standard of self control needed
• For circumstances, age, sex and past experiences can be taken into account, including mental disorders (R v Rejmanski)
• Voluntary intoxication does not count (R v Asmelash)