Loss Of Control

Question 1

Definition

Answer 1

Section 54 coroners and justice act 2009 set a 3 stage test

Question 2

Stage 1

Answer 2

S.54(2) D must’ve lost their self control
- doesn’t have to be sudden but longer delay less likely to get defence

Question 3

What is also relevant in stage 1

Answer 3

The D’s circumstances (gregson)

Question 4

Stage 2

Answer 4

S.55 loss of control must be due to a qualifying trigger
- fear trigger (Pearson)
- anger trigger (Hatter)

Question 5

Stage 2 - fear trigger

Answer 5

D fears serious violence to them or another person
This is a subjective test

Question 6

Stage 2 - anger trigger

Answer 6

Full objective test
1) things said or done
2) must amount to grave provocation
3) causes D to feel a justifiable sense of being seriously wronged

Question 7

Stage 3

Answer 7

S.54(3) would a reasonable person of the same age and gender as the D with a normal degree of tolerance have acted in a similar way (Holley)