Loss Of Control

Question 1

Definition of LOC

Answer 1

Replaces old law of provocation (S.54 Coroners & Justice Act 2009).
Special, partial defence to murder.

Question 2

D must lose his self control (S.54 (1)(a))

Answer 2

Can’t plead if acted out of desire for revenge (S.54(4)).
Must have really lost it (Jewell).
Can’t be a partial LOC.
No longer needs to be sudden.

Question 3

LOC must be caused by a qualifying trigger (S.54(1)(b))

Answer 3

Fear trigger (S.55(3)) (Ward)
and/or anger trigger (S.55(4)), where things said and done must:
Constitute extremely grave circumstance (Zebeede).
Cause D to have a justifiable sense of being wronged (Hatter) (Bowyer).

Sexual infidelity is not relevant in the anger trigger, it can be considered as part of the context where there were other qualifying triggers. (S.55(6)(c)) (Clinton).

Question 4

A person of D’s sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of D, might have reacted in the same or similar way (S.54(1)(c)).

Answer 4

Alcoholism, bad temper etc are all excluded characteristics (Mohammed).
Unemployment is a relevant characteristic (Gregson).
Sexual abuse is a relevant characteristic.
Mental conditions not relevant characteristics (Martin). Can plead DR instead.
The reasonable person must act in the same or a similar way to D (Van Dongen)