Loss of control Flashcards
Loss of control is covered in whcih Act
s54 Coroners and Justice Act 2009
What is the definition of loss of control
Loss of control is a legal defense used to reduce a charge of murder to manslaughter.
what is the three stage test to loss of controll
The defendant must lose control
Because of a qualifying trigger
A person of their sex and age, with a normal degree of tolerance, might have reacted in the same way
What does S54(1)(b) state
s54(1)(b) states that it does not matter whether or not the loss of control was sudden, but control must have been lost. The jury will have to be certain that there was a total loss of control as, a partial loss will not be sufficient.
because there is no statutory definition of loss of self control what are three thing it can mean
When the D lost their ability to maintain their action in accordance with considered judgement, or
That the D lost their normal powers of reasoning; or
That the D’s behaviour was very out of character and normally they would not have acted in this way.
Temper or anger or a reaction out of character, or even acting spectacularly out of character are not sufficient.
what case illustrates loss of control
R v Jewell
What are the two qualifying triggers considered under Section 55 of the Coroners and Justice Act ?
The fear trigger - s55(3)
The anger trigger - s55(4)
What does s55(3) state a fear trigger is
It can be the Defendants fear
