loss of control

Question 1

What is the definition of loss of control?

Answer 1

Under s54/55 of the coroners and justice act 2009, loss of control is a Special and partial defence to murder which will reduce liability

Question 2

When will a loss of control occur?

Answer 2

It does not need to be a sudden reaction but may instead be a slow burn reaction and is a matter for the jury to decide
R V Jewell

Question 3

What are qualifying triggers for a loss of control?

Answer 3

• Fear of serious violence- D must fear serious violence from the victim
  R V Ward
• Any things said or done which constitute to an extremely grave character
  R V Zebedee

Question 4

What are excluded matters?

Answer 4

• Acting out of revenge can never be regarded as a loss of control
• Sexual infidelity must be disregarded as a thing said or done
  R V Clinton

Question 5

What is the standard of self control?

Answer 5

Would a person of the defendants sex and age within an ordinary level of tolerance have acted in the same circumstances
R V Rejmanski

Question 6

What are the issues with intoxication?

Answer 6

Voluntary intoxication cannot be considered within loc
A D will be assessed against a sober person of the same age and sex