LOC

Question 1

Where does LOC apply?

Answer 1

s54(1) Coroners and Justice Act 2009 - Loss of control will apply if the following three parts are proven:
s54(1)(a) - D must lose self-control
s54(1)(b) - the loss of control had a qualifying trigger
s54(1)(c) - the objective test

Question 2

What is self control?

Answer 2

Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning - Jewell
s54(2) - loss of control need not be sudden - Dawes
s54(4) - the revenge exclusion, where D cannot use the defence if he acted out of a considered desire for revenge

Question 3

What is the Fear trigger?

Answer 3

s55(3) - the fear trigger, where D must fear serious violence from V against D or another identified person
D must fear serious violence - Clinton
D feared the violence for his brother - R v Ellis

Question 4

What is the anger trigger?

Answer 4

s55(4) - the anger trigger, where things said or done of an extremely grave character that gives D a justifiable sense of being seriously wronged
Cup of tea - Evans, wetting himself - Zebedee
The break up of a relationship will not normally constitute circumstances of an extremely grave character - Hatter

Question 5

Combination of triggers.

Answer 5

s55(5) - a combination of triggers - R v Bowyer
s55(6)(c) - the sexual infidelity exclusion, where things said or done that is sexual infidelity must be disregarded
However, if the sexual infidelity is integral to and forms an essential part of the context of the trigger, then the sexual infidelity may be counted - Clinton
s55(6)(a) and (b) - the incitement exclusion, where D cannot use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence

Question 6

Objective test

Answer 6

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
s54(3) - circumstances that only affect D’s capacity for tolerance or self-restraint will not apply

Question 7

what does being drunk do the LOC?

Answer 7

Being drunk only reduced D’s capacity for tolerance and self-restraint - Asmelash