Loss of control Flashcards
The Coroners and Justice Act 2009
created the defence of loss control
What created the defence of loss control?
The Coroners and Justice Act 2009
A person is able to use the defence of loss of control if…
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
Elements of loss of control
- total loss of self-control
- a qualifying trigger must cause the loss of control
- standard of self-control
Total loss of control is a…
question of fact for the jury to decide based on the evidence
Jewell 2014
- loss of control must be total and entire
- evidence that D was unwell, tired or depressed is insufficient
- loss of control must be total and entire
- evidence that D was unwell, tired or depressed is insufficient
Jewell 2014
Rejmanski 2018
A mental disorder could be considered as affecting any loss of control
A mental disorder could be considered as affecting any loss of control
Rejmanski 2018
S.54(2)
loss of control doesn’t have to be temporary or sudden
loss of control doesn’t have to be temporary or sudden
S.54(2)
Evidence of planning is…
evidence against a loss of control
Whats strengthens the evidence of planning?
A long time interval between the provocation and the loss of control
S.54(1)(b)
Loss of control must be caused by a qualifying trigger
Loss of control must be caused by a qualifying trigger
S.54(1)(b)
S.55(3) qualifying trigger
Fear of serious violence from V to D or another person
Fear of serious violence from V to D or another person
S.55(3) qualifying trigger
S.55(4) qualifying trigger
Circumstances of an extremely grave nature that leave D with a justifiable sense of being seriously wronged
Circumstances of an extremely grave character that leave D with a justifiable sense of being seriously wronged
S.55(4) qualifying trigger
S.55(5)
Qualifying trigger can be a mix of both S.55(3) and S.55(4)
Qualifying trigger can be a mix of both S.55(3) and S.55(4)
S.55(5)
Triggers excluded from the act
- Sexual infidelity
- Revenge
- An excuse to use violence
S.55(6)(c)
Sexual infidelity is not a qualifying trigger
Sexual infidelity is not a qualifying trigger
S.55(6)(c)
Case demonstrating S.55(6)(c)
Dawes 2013
What surrounding infidelity can be a qualifying trigger?
Lies and actions
Revenge is not a qualifying trigger
S.54(4)
S.54(4)
Revenge is not a qualifying trigger
Why is revenge not a qualifying trigger?
It was considered, not spontaneous
Bamford 2016
Case demonstrating S.54(4)
Case demonstrating S.54(4)
Bamford 2016
An excuse to use violence is not a qualifying trigger
S.55(6)(a) and (b)
S.55(6)(a) and (b)
An excuse to use violence is not a qualifying trigger
What is an excuse to use violence?
Fear of violence incited purposely by D
Bowyer 2013
- demonstrates S.55(6)(a) and (b)
- active involvement in the commission of a criminal offence stops the qualifying trigger test being satisfied
Case demonstrating S.55(6)(a) and (b)
Bowyer 2013
Active involvement in the commission of a criminal offence stops the qualifying trigger test being satisfied
Bowyer 2013
There must be a fear of violence aimed specifically at D or another identified person
Ward 2012
Ward 2012
There must be a fear of violence aimed specifically at D or another identified person
Things done or said must be more than daily irritations
Zebedee 2012
Zebedee 2012
Things done or said must be more than daily irritations
Things done or said must be towards D and D must be targeted unfairly
Zebedee 2012
Zebedee 2012
- Things done or said must be towards D and more than daily irritations
- D must be targeted unfairly
Asmelash 2013
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
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
Asmelash 2013
Example of when D’s alcohol/drug problem is a part of the qualifying trigger
If they were being taunted about it
In deciding whether the trigger in S.55(4) applies, a drunk D must be judged against what?
the objective standards of a sober person
S.54(1)(c)
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
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
S.54(1)(c)
S.54(3)
Any personal characteristics that affect D’s ability to control themselves are to be ignored when considering the standard of self-control
Any personal characteristics which affect someone’s ability to control themselves are to be ignored when considering the actions of a ‘normal person’
S.54(3)
