Chapter 9: Loss of Control

Question 1

What are the grounds for loss of courage to be raised as a defence?

Used to be called ‘provocation’

Answer 1

This defence can only be raised when accused is charged for murder (no murder no LOC)

Question 2

What is the law that governs LOC

Answer 2

Section 54 of the Coroners and Justice Act 2009

Question 3

What are the 3 elements needed in Section 54(1)

Answer 3

Section 54: Where a person (‘D’) kills or is a party to the killing of another (‘V’), D is not to be convicted of murder if -

Section 54(1)(a)

• D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self control; and

Section 54(1)(b)

• the loss of self-control had a qualifying trigger; and

Section 54(1)(c)

• a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D

All needs to be present to satisfy (accumulatively)

Question 4

What are the subsections of Section 54

Answer 4

1. Section 54(2)
2. Section 54(3)
3. Section 54(4)
4. Section 54(5)
5. Section 54(6)
6. Section 54(7)
7. Section 54(8)

Question 5

What does Subsection 55 provide?

Answer 5

The meaning of a ‘qualifying trigger’

Question 6

What is the problem with Section 56?

Answer 6

Section 56 is a section to note that both common law and staute before Section 54 have been abolished. And now only utilising Section 54

Must note this when answering question

Question 7

Who bares the burden of proof?

Answer 7

Prosecution needs to disproof LOC beyond reasonable doubt (Woolmington v DPP)

Question 8

What are the 3 cases that lay out the traditional definition of Loss of Control

Answer 8

• R v Duffy [1949] 1 All ER 932
• R v Ahluwalia
• R v Hayward [1883]

Question 9

Who and what gives the definition of LOC in R v Duffy state?

Answer 9

Devlin J

• “… a sudden and temporary loss of self-control rendering the accused so subject to passion as to make him or her for the moment, not a master of his or her own mind.”

Question 10

Who and what gives the definition of LOC R v Ahluwalia state?

Answer 10

Taylor LCJ in relation to the phrase “sudden and temporary loss of self-control”

• “…to take account of the interval between the provocative conduct and the reaction of the accused to it…”

Question 11

Who and what gives the defintion of LOC in R v Hayward state?

Answer 11

Tindall CJ

• Provocation must be so recent and so strong and that there must not have been time for the blood to cool ad reason to resume its seat

Question 12

What are the 3 types of LOC

Answer 12

1. Mistaken provocation
2. Cumulative provocation
3. “Slow Burn” cases

Question 13

What is the diffrence between cumulative provocation and ‘slow burn’?

Answer 13

Cumulative provocation

• Sudden and temporary at the end of the point, where action/killing happened (R v Duffy)

“Slow Burn” cases

• The interval between the provocative conduct and the reaction is a long period (R v Ahluwalia [1992])

Question 14

What are the 2 cases for cumulative provocation?

Answer 14

1. R v Duffy [1949] 1 All ER 932
2. R v Ibrams and Gregory

Question 15

What is the case for ‘Slow Burn’ cases?

Answer 15

R v Ahluwalia [1992]

Question 16

R v Ahluwalia [1992]

‘Slow Burn’ Case

Answer 16

Facts

1. D was of Asian origin endured years of violence and abuse from her husband
   Through all the years of violence (slow burn) where she lit the husband on fire

Held

1. Convicted as she intended to cause GBH

Note

1. Only after 10 years (2009) Section 54(2) was implemented/recognised, in light of “slow burn”