Loss of control

Question 1

1) Introduction

Answer 1

D may have a defence of loss of self-control (LOC) under S.54 & 55 of the Coroner’s and Justice Act 2009.

Question 2

2) Jewell test

Answer 2

Firstly, D must lose self control (s.54(1a)). There is no definition of LOC in the Act. The LOC doesn’t have to be sudden (s.54(2)). In Jewell, the court said a LOC was ‘an inability to maintain your actions in accordance with considered judgment’.

(The defence will fail if the jury finds that D’s actions were a considered desire for revenge (s.54(4)). )

Question 3

3) Qualifying trigger

Answer 3

The D’s LOC must have a qualifying trigger (s.54(1b)).

• The LOC may be attributable to D having a fear of serious violence from V against D or another identified person (s.55(3)).
• The LOC may be attributable to things done or said, or both, which constituted circumstances of an extremely grave character & caused D to have a justifiable sense of being seriously wronged (s 55(4)).

(There can be a cumulative impact of a series of events (Dawes).
Things done or said by V constituting sexual infidelity are to be disregarded under s.55(6c). )

Question 4

4) S.54(1c)

Answer 4

Thirdly, a person of D’s gender and age, with a normal degree of tolerance and self-restraint & in his circumstances might have reacted in a same or similar way (s.54(1c)). This is an objective test. The jury may consider all of D’s circumstances unless they bear on D’s capacity for tolerance or self-restraint in which case they must be ignored (s.54(3)) (Asmelash).

Question 5

5) Conclusion

Answer 5

If the defence is successful, it reduces murder to voluntary manslaughter & D will be sentenced at the discretion of the judge up to a maximum of life imprisonment.