loss of control

Question 1

under which section and act is the defence of loss of self control available

Answer 1

under sections 54 and 55 of the coroners and justice act 2009

Question 2

what defence is loss of control

Answer 2

It’s a partial defence

Question 3

element 1

Answer 3

Defendants acts and omissions resulted from defendants loss of self-control

Question 4

under which section is element 1 established

Answer 4

s.54(1)(a)

Question 5

what is the first requirement

Answer 5

defendant has lost self-control

Question 6

what is the definition of loss of self-control and who decides it

Answer 6

CJA 2009 doesn’t define loss of self-control and so it’s left to the jury to decide

Question 7

what does s.54(2) state about loss of control

Answer 7

• it doesn’t have to be sudden
• the provocation could be cumulative and have a slow burn effect

Question 8

what does Lord Judge say in Dawes

Answer 8

‘different individuals in different situations do not react identically, nor respond immediately’

Question 9

what does s.54(4) state about loss of control

Answer 9

defence isn’t allowed if the defendants acted out of a ‘considered desire for revenge’

Question 10

what was established in R v Jewels

Answer 10

a person may have lost self-control if they: ‘lost their ability to maintain his actions in accordance with considered judgement’

Question 11

what was established in Dawes about loss of control

Answer 11

normal irritation and even serious anger was not enough

Question 12

element 2

Answer 12

the loss of self control had a qualifying trigger

Question 13

under which section is element 2 established

Answer 13

s.54(1)(b)

Question 14

what is the first qualifying trigger

Answer 14

a fear of serious violence against the defendants or another specified person (s.55(3)) (also called the fear trigger)

Question 15

how is the fear trigger proved

Answer 15

using an objective test

Question 16

what is the second qualifying trigger

Answer 16

things said or done (or both) which:
- constituted circumstances of an extreme grave character
- caused defendant to have a justifiable sense of being seriously wronged (s.55(4))
(known as the anger trigger)

Question 17

how is the anger trigger proved

Answer 17

using an objective test

Question 18

what was confirmed in Hatter

Answer 18

the breakup of a relationship, of itself, will not normally constitute circumstances of an extremely grave character

Question 19

what are some points to consider for a qualifying trigger

Answer 19

• may be caused by a series of events
• sexual infidelity will be disregarded (s.55(6)(c))
• no defence if the defendants incited the violence or the thing said or done (s.55(6)(a)(b)) for the purpose of providing an excuse to use violence

Question 20

element 3

Answer 20

a person of defendants sex and age with a normal degree of tolerance and self-restraint and in the circumstances of the defendants might have reacted in the same, or similar way (an objective test)

Question 21

under which section is element 3 established

Answer 21

s.54(1)(c)

Question 22

what was confirmed in Asmelash in element 3

Answer 22

• the jury may consider all of defendant’s circumstances unless they bear on defendants capacity for tolerance or self-restraint, in which case they must be ignored
• Defendants intoxication is not a relevant circumstance

Question 23

what was confirmed in Clinton in element 3

Answer 23

account can be taken here of sexual infidelity as a circumstance to why the defendant acted they way they did