Loss Of Control

Question 1

What is the definition of loss of control ?

Answer 1

Defined in s54 of the corners and justice act 2009 which is a special and partial defence to murder.

Question 2

When will a loss of control occur ?

Answer 2

Needs to not be a sudden/a snap reaction and may instead be a slow burn reaction the jury can consider their own life experience (R V Jewell)

Question 3

What are the qualifying triggers ?

Answer 3

Fear of serious violence which is where D must fear serious violence from the victim to themselves or another identifiable person (R V Ward) or Things said or done which is where anything said or done to an extremely grave character and causes D to feel a justifiable sense of being wronged ( R V Zebdee)

Question 4

What are the excluded matters ?

Answer 4

Sexual infidelity disregard as a thing said or done unless the sexual infidelity forms part of the wide context revenge ( R V Clinton)

Question 5

What is the standard of self control ?

Answer 5

A person of the Ds sex and age with an ordinary level of tolerance and self restraint and in the circumstances of the D might’ve acted in the same way ( R V Rejmanstei)

Question 6

What are the rules with intoxication ?

Answer 6

Voluntary intoxication can’t be considered within the loss of control however if a sober person in the same circumstances as the D with a normal degree of tolerance and self restraint might’ve acted in the same way when confronted with the qualifying trigger the D may be able to rely on the defence