DEFENCES: Loss of Control

Question 1

What Act was Loss of Control defined in?

Answer 1

Criminal Justice Act 2009

Question 2

What did the case of Ahluwalia (1992) state?

Answer 2

Loss of control need not be ‘sudden.’ Also presented a new diagnosis known as ‘Battered Woman Syndrome’

Question 3

What is a Qualifying Trigger?

Answer 3

Loss of control must be due to a qualifying trigger: include Fear and Anger.

Question 4

What is the ‘Fear Trigger?’

Answer 4

D fears serious violence from V against himself, or another person, refer to case of R v Martin (2002)

Question 5

What is the ‘Anger Trigger?’

Answer 5

A thing or things said or done, or both, which:
a) Constituted circumstances of an extremely grave character, and…
b) Caused D to have a justified sense of being seriously wrong
Doughty (1980):
Loss of control could not be justified

Question 6

What are ‘Excluded Matters?’

Answer 6

1. Sexual Infidelity
2. If D acted in a considerate desire for revenge
3. D will be compared to a comparator
   Clinton:
   Sexual infidelity cannot be used as a trigger.
   Ibrams and Gregory:
   Acted as a desire for revenge
   Bailie:
   Length of time passed can be seen as a revenge act.

Question 7

What and who is a comparator?

Answer 7

D will be compared to a comparator.
Comparator is a person who:
- Is of D’s sex and age
- In D’s circumstances ‘might’ have ‘reacted’ in same or similar manner
Hill:
D’s status as a survivor of sexual assault was a circumstance adopted by the comparator.
Gregson:
D’s unemployment status was adopted as a circumstance adopted by the comparator
Camplin:
Compared against a reasonable man of same sex and age.