loss of control

Question 1

paragraph one: definition

Answer 1

s54 coroners and justice act 2009 abolished defence of provocation and introduced loss of control
“loss of the ability to act with considered judgement or normal powers of reasoning”

Question 2

paragraph two: sufficient evidence

Answer 2

trial judge must decide if there’s sufficient evidence to allow the defence in front of the jury - s54(5) jury must assume the defence is satisfied unless the prosecution proves doubt it isn’t

Question 3

paragraph three: D must’ve lost control

Answer 3

a) s54(2) loss of self control doesn’t need to be sudden, there may be a delay between the qualifying trigger and D’s reaction killing v
b) longer the delay the less likely the judge is to allow the defence in front of the jury (jewell)

Question 4

paragraph four: qualifying triggers

Answer 4

a) fear - s55(3) D’s fear of serious violence from D against V or another identified person (subjective test - ward)
i) s55(6)(a) where D has incited the violence they cannot rely on the trigger (dawes)
b) anger - s55(4) things done or said constituted a grave character and caused D to have a justifiable sense of being wronged
i) things said or done - excludes mere circumstances (davies)
ii) objective test - mohammed, zebedee, bowyer
iii) s55(5) combination of fear and anger trigger

Question 5

paragraph five: restrictions on triggers

Answer 5

a) s55(6)(a) D’s fear of serious violence disregarded if D incites something to be done or said providing him with excuse to use violence
b) s55(6)(b) D incited a thing to be said or done that caused a sense of being seriously wronged - purpose of using violence
c) s55(6)(c) anything said or done in connection with sexual infidelity is to be disregarded (hatter)
d) sexual infidelity can only be considered if other factors also contributed to the killing (clinton)

Question 6

paragraph six: person with normal self control might’ve reacted in the same way in D’s situation

Answer 6

a) s54(1) court will ask if a person of D’s age and sex with a normal degree of tolerance and in D’s circumstances would’ve done the same
b) s54 - circumstances refers to all circumstances except for those that affect D’s capacity for tolerance and self restraint e.g short temper unacceptable but years of abuse is. mental illness also considered (rejmanski, gassman, christian)

Question 7

paragraph seven: voluntary intoxication

Answer 7

asmelash