Criminal 6 - loss of control

Question 1

Who holds the burden of proof for loss of control?

Answer 1

The prosecution: they must disprove, beyond reasonable doubt, that the D was acting under a loss of control

Question 2

What are the 3 requirements for loss of control defence?

Answer 2

• D must have lost self-control
• Due to fear and/or anger qualifying trigger
• A normal person might have acted in a similar way

Question 2

When can the defence of loss of control not be used?

Answer 2

• ‘revenge’
• excuse to use violence
• sexual infidelity
• attempted murder

Question 3

What is the difference in burden/standard of proof for loss of control and diminished responsibility?

Answer 3

Loss of Control:
- burden on prosecution to disprove it once defence raises it;
- standard is beyond reasonable doubt

Diminished Responsibility:
- burden on defence to prove that D was acting under diminished responsibility
- on balance of probabilities

Question 4

What are the requirements for diminished responsibility?

Answer 4

1. Abnormality of mental functioning
2. Must arise from undiagnosed recognised medical condition
3. Must have substantially impaired D’s ability to
   - understand the nature of C’s conduct,
   - form a rational judgement and/or
   - exercise self-control
4. Abnormality must provide an explanation for D’s conduct - there’s a causal link