Loss of control

Question 1

Where is loss of control defined

Answer 1

Section 54 of the coroners and justice act 2009

Question 2

What is loss of control

Answer 2

A partial defence to murder and downgrades a charge of murder to voluntary manslaughter

Question 3

What is the first stage of loss of control

Answer 3

S.54(1)(B) - Control must be lost whether sudden or not. This can still be put to the jury even if there was a delay between murder and trigger - R v Jewell

Question 4

What is the second stage of loss of control

Answer 4

S.55 - A qualifying trigger which can be the defendants fear of serious violence or genuine fear. It is something done or said by a grave character - R v Bowyer

Question 5

What is the third stage of loss of control

Answer 5

S.54(1)(C) - Requires that a person of the defendants sex and age with a normal degree of tolerance and self restraint in the circumstances might have reacted in the same or similar way. Question for the jury to decide - R v Clinton

Question 6

R v Jewell

Answer 6

D actions weren’t due to loss of control but were pre meditated

Question 7

R v Bowyer

Answer 7

Qualifying trigger - loss of control could not be claimed if the defendant acted in revenge or out of a desire for retribution

Question 8

R v Clinton

Answer 8

Sexual infidelity alone could not be a valid trigger but may be taken into account under s.54(1)(C)

Question 9

R v Dawes

Answer 9

The court ruled that loss of control is only valid if it was the result of an act that could make a person lose self-control.

Question 10

R v Gurpinar & Kojo-Smith

Answer 10

Loss of control must be a response to something that could provoke an ordinary person to lose control, and it must not be based on revenge