Loss of control

Question 1

The Coroners and Justice Act 2009

Answer 1

created the defence of loss control

Question 2

What created the defence of loss control?

Answer 2

The Coroners and Justice Act 2009

Question 3

A person is able to use the defence of loss of control if…

Answer 3

he suffers a total loss of control caused by a qualifying trigger and if 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 a similar way to D

Question 4

Elements of loss of control

Answer 4

• total loss of self-control
• a qualifying trigger must cause the loss of control
• standard of self-control

Question 5

Total loss of control is a…

Answer 5

question of fact for the jury to decide based on the evidence

Question 6

Jewell 2014

Answer 6

• loss of control must be total and entire
• evidence that D was unwell, tired or depressed is insufficient

Question 7

• loss of control must be total and entire
• evidence that D was unwell, tired or depressed is insufficient

Answer 7

Jewell 2014

Question 8

Rejmanski 2018

Answer 8

A mental disorder could be considered as affecting any loss of control

Question 9

A mental disorder could be considered as affecting any loss of control

Answer 9

Rejmanski 2018

Question 10

S.54(2)

Answer 10

loss of control doesn’t have to be temporary or sudden

Question 11

loss of control doesn’t have to be temporary or sudden

Answer 11

S.54(2)

Question 12

Evidence of planning is…

Answer 12

evidence against a loss of control

Question 13

Whats strengthens the evidence of planning?

Answer 13

A long time interval between the provocation and the loss of control

Question 14

S.54(1)(b)

Answer 14

Loss of control must be caused by a qualifying trigger

Question 15

Loss of control must be caused by a qualifying trigger

Answer 15

S.54(1)(b)

Question 16

S.55(3) qualifying trigger

Answer 16

Fear of serious violence from V to D or another person

Question 17

Fear of serious violence from V to D or another person

Answer 17

S.55(3) qualifying trigger

Question 18

S.55(4) qualifying trigger

Answer 18

Circumstances of an extremely grave nature that leave D with a justifiable sense of being seriously wronged

Question 19

Circumstances of an extremely grave character that leave D with a justifiable sense of being seriously wronged

Answer 19

S.55(4) qualifying trigger

Question 20

S.55(5)

Answer 20

Qualifying trigger can be a mix of both S.55(3) and S.55(4)

Question 21

Qualifying trigger can be a mix of both S.55(3) and S.55(4)

Answer 21

S.55(5)

Question 22

Triggers excluded from the act

Answer 22

• Sexual infidelity
• Revenge
• An excuse to use violence

Question 23

S.55(6)(c)

Answer 23

Sexual infidelity is not a qualifying trigger

Question 24

Sexual infidelity is not a qualifying trigger

Answer 24

S.55(6)(c)

Question 25

Case demonstrating S.55(6)(c)

Answer 25

Dawes 2013

Question 26

What surrounding infidelity can be a qualifying trigger?

Answer 26

Lies and actions

Question 27

Revenge is not a qualifying trigger

Answer 27

S.54(4)

Question 28

S.54(4)

Answer 28

Revenge is not a qualifying trigger

Question 29

Why is revenge not a qualifying trigger?

Answer 29

It was considered, not spontaneous

Question 30

Bamford 2016

Answer 30

Case demonstrating S.54(4)

Question 31

Case demonstrating S.54(4)

Answer 31

Bamford 2016

Question 32

An excuse to use violence is not a qualifying trigger

Answer 32

S.55(6)(a) and (b)

Question 33

S.55(6)(a) and (b)

Answer 33

An excuse to use violence is not a qualifying trigger

Question 34

What is an excuse to use violence?

Answer 34

Fear of violence incited purposely by D

Question 35

Bowyer 2013

Answer 35

- demonstrates S.55(6)(a) and (b) - active involvement in the commission of a criminal offence stops the qualifying trigger test being satisfied

Question 36

Case demonstrating S.55(6)(a) and (b)

Answer 36

Bowyer 2013

Question 37

Active involvement in the commission of a criminal offence stops the qualifying trigger test being satisfied

Answer 37

Bowyer 2013

Question 38

There must be a fear of violence aimed specifically at D or another identified person

Answer 38

Ward 2012

Question 39

Ward 2012

Answer 39

There must be a fear of violence aimed specifically at D or another identified person

Question 40

Things done or said must be more than daily irritations

Answer 40

Zebedee 2012

Question 41

Zebedee 2012

Answer 41

Things done or said must be more than daily irritations

Question 42

Things done or said must be towards D and D must be targeted unfairly

Answer 42

Zebedee 2012

Question 43

Zebedee 2012

Answer 43

- Things done or said must be towards D and more than daily irritations - D must be targeted unfairly

Question 44

Asmelash 2013

Answer 44

If D has a serious alcohol/drug problem where this problem was a part of the qualifying trigger, they could include the problem as a part of their circumstances for the purposes of the standard of self-control

Question 45

If D has a serious alcohol/drug problem where this problem was a part of the qualifying trigger, they could include the problem as a part of their circumstances for the purposes of the standard of self-control

Answer 45

Asmelash 2013

Question 46

Example of when D's alcohol/drug problem is a part of the qualifying trigger

Answer 46

If they were being taunted about it

Question 47

In deciding whether the trigger in S.55(4) applies, a drunk D must be judged against what?

Answer 47

the objective standards of a sober person

Question 48

S.54(1)(c)

Answer 48

It must be established that 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 a similar way

Question 49

It must be established that ‘ 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’ as D did

Answer 49

S.54(1)(c)

Question 50

S.54(3)

Answer 50

Any personal characteristics that affect D’s ability to control themselves are to be ignored when considering the standard of self-control

Question 51

Any personal characteristics which affect someone’s ability to control themselves are to be ignored when considering the actions of a ‘normal person’

Answer 51

S.54(3)