Loss of Control

Question 1

what is loss of control an example of?

Answer 1

voluntary manslaughter

Question 2

what is loss of control governed under?

Answer 2

S54 and S55 Coroners and Justice Act 2009

Question 3

what are the 3 areas of loss of control?

Answer 3

1. loss of control
2. qualifying trigger
3. normal person test

Question 4

what does ‘loss of control’ mean?

Answer 4

unable to maintain control: snapping.
54(2) = no need for the loss of control to be sudden.

Question 5

what case example can be used for ‘loss of control’?

Answer 5

Jewell - D went to his work colleagues house to pick him up and shot and killed him. No defence claimed as there was insufficient evidence to show he’d lost control

Question 6

what does ‘qualifying trigger’ mean?

Answer 6

triggers:
1. fear of really serious violence
2. anger - there needs to be circumstances of an extremely grave character and they caused D to have a justifiable sense of being seriously wronged

Question 7

what 2 case examples can be used for ‘qualifying trigger’?

Answer 7

Dawes - wife cheating on her husband so D started fighting other man, V fought back, D stabbed V. No defence claimed.

Zebedee - D killed his dad as he suffered dementia and was soiling himself all the time. Defence claimed.

Question 8

what is the ‘normal person test’?

Answer 8

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 similar way.

Question 9

what case example can be used for ‘normal person test’?

Answer 9

Christian - D stabbed 2 people based on the water temperature of a public shower. No defence claimed.

Question 10

what are the 3 restrictions on ‘loss of control’?

Answer 10

1. revenge
2. sexual infidelity
3. self-induced