Criminal - Loss of Control

Question 1

Which act set out loss of control and what defence did it replace?

Answer 1

The Coroners and Justice Act 2009 set out loss of control, which replaced the defence of provocation

Question 2

What is the impact if loss of control is successfully argued?

Answer 2

It’s a partial defence to a murder charge, so if successful, they will be found guilty of manslaughter instead of murder. This allows the judge discretion in sentencing.

Question 3

What is the definition of loss of control?

Answer 3

The defendant must have had a total loss of self control due to a qualifying trigger and a person of the same sex, age and in the same circumstances would have reacted in the same way

Question 4

In which case was it decided that temper or acting out of character was not sufficient for a loss of control?

Answer 4

R v Jewell - the defendant hadn’t slept well and was depressed but this wasn’t enough as he was arrested with a tent, passport and ‘survival kit’

Question 5

Which section of the act shows that the loss of control does not need to be sudden?

Answer 5

s54(2)

Question 6

Which trigger is s55(3)?

Answer 6

Fear of serious violence against themself or another identified person

Question 7

Which trigger is s55(4)?

Answer 7

Things said or done which constituted circumstances of an extremely grave character and caused them to have a justifiable sense of being seriously wronged

Question 8

Which trigger is s55(5)?

Answer 8

A combination of (3) and (4)?

Question 9

Is the fear of violence objective or subjective?

Answer 9

It’s a subjective test and they will need to show that they lost self-control because of genuine fear of serious violence, whether or not the fear in fact was reasonable

Question 10

In which case was the fear of violence trigger successfully used?

Answer 10

R v Ward - killed the victim with a pickaxe handle because he feared the victim would seriously injure his brother

Question 11

What case shows that the defendant can’t use loss of control if they incite the violence in order to have an excuse to use force?

Answer 11

R v Dawes - the judge did not leave the defence of loss of control to the jury

Question 12

Give an example of a case in which the anger trigger was not satisfied.

Answer 12

Zebedee - the defendant killed his father who was doubly incontinent and suffered from Alzheimer’s

Question 13

What case shows that sexual infidelity can be taken into the context of the qualifying triggers?

Answer 13

R v Clinton

Question 14

What case shows that loss of control cannot be used if the defendant acted out of revenge?

Answer 14

R v Ibrams and Gregory

Question 15

What is an excluded matter in qualifying triggers?

Answer 15

Infidelity

Question 16

What cannot be taken into consideration for self control?

Answer 16

If the defendant is particularly short tempered, this cannot be taken into account (even if it is due to mental illness) and they must be judged against the reasonable person

Question 17

Can intoxication be taken into account for loss of control?

Answer 17

Only if a sober person would have reacted in the same way