Loss of Control

Question 1

Set out in

Answer 1

Coroners and Justice Act 2009

Question 2

Type of defence

Answer 2

Partial defence

Question 3

Pillar 1 (loss of control)

Answer 3

(S54)
Loss of control does not need to be sudden.
May be a delay between qualifying trigger and response.
Longer the delay, less likely judge will leave defence to the jury. (R v Dawes)

(R v Ibrams and Gregory) - any evidence of planning suggests desire for revenge.

Question 4

Pillar 2 (qualifying trigger)

Answer 4

Loss of control must come from a qualifying trigger. Objective test so much more restrictive.

(R v Martin) - fear of serious violence
OR
(S55) - things said or done

S55(6) - excludes sexual infidelity, however it can be looked at as a wider context of provocation (R v Clinton)

Question 5

Pillar 3 (degree of tolerance and self restraint)

Answer 5

S54 (1)(c)
Courts will ask if someone of the same age and sex with a similar degree of tolerance would have responded in the same way.

(R v Asmelash) - intoxication is not a relevant circumstance.