loss of control

Question 1

Which section and Act revises the law on LOC?

Answer 1

S.54 of the Coroner’s Justice Act 2009 replacing S.3 of the Homicide Act 1957 the law on LOC.

Question 2

What 3 things does the law require for LOC?

Answer 2

1. There must be a loss of self-control and must be caused by a qualifying trigger.
2. The new law states that this does not need to be sudden.
3. A person of the defendant’s age and gender must have reacted in a similar way.

Question 3

What happens if there is a successful plea?

Answer 3

A successful plea will drop the defence of murder to voluntary manslaughter.

Question 4

Which section explains a ‘loss of self-control’?

Answer 4

Under S.52 (1) (a), the defendant must have a suffered a ‘loss of self-control’ at the time of the killing.

Question 6

What did the case of R v Jewell show?

Answer 6

It shows that being sleep deprived, tired, or unable to think properly is insufficient to a loss of control.

Question 7

Which section explains qualifying triggers and how many are there?

Answer 7

Under S.54 (1) (b), the qualifying trigger can be of both or either 2 things:

Question 8

What case law shows that the loss of control does not need to be sudden?

Answer 8

Ahluwalia.

Question 9

Explain the first qualifying trigger (fear of violence).

Answer 9

Fear of violence is recognised as a reason of self-control under S.55(3).

The threat of serious violence must come from the identifiable person and is the reason why you lost self-control.

Question 10

What did the case of R v Ward rule?

Answer 10

It held that fear of violence doesn’t have to be oneself, it can be towards another.

Question 11

Explain the second qualifying trigger (of extremely grave character and being seriously wronged).

Answer 11

A thing said or done which is of ‘extremely grave character’ and caused the defendant to have a justified sense of being ‘seriously wronged’ under S.54(4).

Question 12

What did the case of R v Hatter rule?

Answer 12

It ruled that a breakup is not enough to be a trigger as it isn’t of extremely grave character, nor does it have the defendant to be seriously wronged.

Question 13

What 2 things cannot be classed as triggers?

Answer 13

Sexual infidelity and revenge are factors that cannot be classed as triggers.

Question 14

What did the case of R v Clinton show?

Answer 14

It showed sexual infidelity is disregarded but may be considered if other qualifying triggers are present.

Question 15

Which section explains sex and age?

Answer 15

Under S.54 (1) (c), a reasonable person of the defendant’s age and gender must have reacted in the same or similar way.

Question 16

Which case law shows a reasonable person of the defendant’s age and gender reacted in the same or similar way?

Answer 16

DPP v Camplin.

Question 17

What must the court also consider?

Answer 17

Although age and gender are the main characteristics to be considered, the court also consider self-control and tolerance levels.

Question 18

Which case law shows self-control and tolerance levels being taken into account?

Answer 18

R v Hill.

Question 19

What happened in the case of R v Hill?

Answer 19

The defendant’s tolerance levels were affected and succeeded in the defence.