Loss Of Control Flashcards
Where is the law for loss of control outlined
S54 (1) of the Coroners and Justice Act 2009
What are the conditions for loss of control
Where a person kills or is a party to the killing of another, they are not to be convicted of murder if
a. D’s acts and omissions in doing it being a party to the killing resulted from D’s loss of self control
b. The loss of self control had a qualifying trigger
c. 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 a similar way to D
What is the sentence for voluntary manslaughter
Maximum life imprisonment
Who is the burden of proof on for loss of control
Once the defendant has suggested the possibility, it is for the prosecution to disprove.
Jewell - must be more than a “bare assertion”
What could a loss of control mean
Gupinar - “has D lost his ability to maintain his actions in accordance with considered judgement or has he lost normal powers of reasoning”
Jewell - being unwell, sleeping badly, tired, depressed and “unable to think straight” was insufficient
Difference between criteria for loss of control and provocation
S54(2) - doesn’t have to be sudden
Ahluwalia - case would probably succeed now after Law Commissions 2006 report “Murder, Manslaughter and Infanticide” which states women in abusive relationships may kill from “anger, fear, frustration and a sense of desperation”
What is the criteria for qualifying triggers
S55(3) - defendant fears serious violence from victim against defendant or another identified person (subjective and future is not sufficient)
S55(4) a thing said or done which constituted circumstances of an extremely grave character abs caused the defendant to have a justifiable sense of being wronged
Legal points from Dawes
- Can’t rely on fear of violence where you have induced that violence
- Any normal irritation or even serious anger will not come within loss of control
Law that excludes sexual infidelity as a trigger
S55(6)(c) - the fact that a thing said or done amounts to sexual infidelity is to be disregarded
Case to say that where sexual infidelity is not the only trigger, there is not a total exclusion of this reason and the defence can be considered
Clinton - only excluded in relation to qualifying trigger, not circumstances
Section that excludes revenge
S54(4) - defence is not allowed if the defendant acted in a “considered desire for revenge”, such as Baillie
Can personality disorders affect verdict
Rejmanski - can be considered if it has any relevance on conduct besides a general capacity for tolerance or self restraint, but broadly should be judged by normal standards
Can voluntarily intoxication be considered as part of D’s circumstances for loss of self control?
Asmelash - no
Legal point from Van Dongen
Defence may fail if a normal person might have lost control but not reacted in the same way
