Loss of Control

Question 1

Here the partial defence to murder of loss of control may apply,

Answer 1

set out in sections 54 and 55 of the Coroners and Justice Act 2009.

Question 2

Three tests must be

Answer 2

satisfied:

Question 3

Here D probably did have a total loss of control,

Answer 3

and did not have a considered desire for revenge when,…

Question 4

Secondly,

Answer 4

under S.55, the loss of control must have a qualifying trigger.

Question 5

The first is known as the

Answer 5

“Fear trigger” under S.55(3), where the defendant had a fear of serious violence by the victim against the defendant or another identified person, as in Ward. The defendant must have not incited the violence however, as in Dawes.

Question 6

The second is known as the

Answer 6

“Anger Trigger” under S.55(4), where things said or done (or both) constituted circumstances of an extremely grave character AND caused the defendant to have a justifiable sense of being seriously wronged.

Question 7

Both parts of the

Answer 7

Anger Trigger are judged objectively. A relationship break up as in Hatter or hurtful remarks as in Bowyer will not be enough on their own to constitute ‘extremely grave’ or the defendant being ‘seriously wronged’. Sexual infidelity alone will not be enough, as in Clinton, but it can be considered if there are other things said or done. An accumulation of factors can be enough, as in Dawes.

Question 8

Here the fear Trigger will apply as

Answer 8

D had a fear of serious violence by V against… ,when V…, and he did not incite the fear himself.

Question 9

Here the Anger Trigger will apply as

Answer 9

from an objective point of view, the reasonable person would consider that V… it is ‘things said and done which constituted circumstances of an extremely grave character’ AND caused D to have a ‘Justifiable sense of being wronged’.

Question 10

Thirdly,

Answer 10

under S.54, the court will ask, whether a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of the defendant, might have reacted in the same or similar way.

Question 11

This is an objective test,

Answer 11

so for ‘circumstances of the defendant’s things that relate to the general capacity to exercise tolerance’ must be ignored, such as a short temper, or voluntary intoxication, and perhaps even depression as in Asmelash, and in Mohammed

Question 12

Here a person’s of D’s age and sex,

Answer 12

with a normal degree of tolerance and restraint, in the circumstances of…might have reacted by killing V or doing something similar - it was a reasonable response.

Question 13

To conclude,

Answer 13

D will be liable for voluntary manslaughter not murder as all of the tests for loss of control are satisfied.

Question 14

Firstly,

Answer 14

under S.54(2), there must be a loss of control. The loss of control must be total, but it does not need to be sudden. However, a ‘considered desire for revenge’ will not be a loss of control, as in Jewell.