Loss of control

Question 1

what effect does succesfully proved ‘loss of control’ have on a murder conviction

Answer 1

reduces liability for murder down to manslaughter

Question 2

loss of control as a defence

Answer 2

partial defence
described in s 54 of coroners justice act 2009

Question 3

what 3 things must a person demonstrate to plead successfully in loss of control

Answer 3

• loss of self control
• bc of qualifying trigger
• person of D’s sex/age + normal tolerance may have acted same way

Question 4

what defines ‘loss of self control’

Answer 4

D loses normal powers of reasoning or D’s behaviour was out of character (R V Jewell)

Question 5

how does one esstablish whether D had ‘lost self control’

Answer 5

• subjective test - concentrates on reaction of D
• doesnt matter if loss of control was sudden

Question 6

what did the case of R V Dawes contribute to the test of ‘loss of self control’

Answer 6

‘law accepts different individuals in different situations do not react identically’

Question 7

Qualifying triggers

Answer 7

• fear of serious violence from V to D
• D can be fearful for violence inflicted upon another person
• or, things done/said - D Felt seriously wronged (objective test)

Question 8

what is the case law for qualifying triggers

Answer 8

fear of violence - R V Dawes
serious provocation - R V Hatter

Question 9

outline a limitation for claiming under ‘loss of control’

Answer 9

‘shortness of temper’ or character flaws disregarded