Loss Of Control Flashcards
What type of defence is Loss of Control (LOC)?
A partial defence to murder, reducing the conviction to manslaughter instead of acquitting D completely.
What statute governs Loss of Control?
S.54 Coroners and Justice Act 2009, which replaced Provocation.
What are the three requirements for LOC?
- Loss of control – total loss of self-control (S.54(2)).
- Qualifying trigger – fear or anger trigger (S.55).
- Objective test – would a person of the same sex and age have reacted similarly?
What is required for LOC to apply under S.54(2)?
There must be a total loss of self-control, but it does not need to be sudden. However, a ‘considered desire for
revenge’ will not be a loss of control.
Does LOC need to be immediate?
. No, LOC can be delayed (Dawes 2013), but if D stops and then continues, it does not count
Can LOC be used if D planned the killing?
No. A ‘considered desire for revenge’ excludes LOC (R v Jewell – pre-planning with a survival kit).
What are the 2 types of triggers
Qualifying trigger – fear or anger trigger (S.55).
What is the fear qualifying trigger under S.55(3)) ?
feared serious violence from V against themselves or another identified person (Ward).
Can D incite violence and then claim LOC under the fear trigger?
No. D must not provoke the violence (Dawes).
What is the anger qualifying trigger under S.55(4)) ?
. Things said or done (or both) must be of extremely grave character and give D a justifiable sense of being seriously wronged.
How is the anger trigger judged?
Objectively – would a reasonable person feel seriously wronged?
Give examples of things that don’t meet the anger trigger threshold.
• Relationship breakups (Hatter)
.
• Hurtful remarks.
• Sexual infidelity alone (Clinton – but it can be considered with other factors).
What is the third requirement for LOC under S.54?
Would a person of the same sex and age, with a normal degree of tolerance and self-restraint, have acted in the same way?
What personal traits are NOT considered in the LOC objective test?
• Short temper.
• Voluntary intoxication.
• Depression (unless taunted about it – Gregson).
When can personal characteristics be considered?
If they are relevant to the provocation(things said or done that triggered D’s loss of control. )e.g., in Gregson, D was taunted about epilepsy, depression, and unemployment.
What should the conclusion determine?
Whether D can use LOC as a partial defence to reduce murder to manslaughter.
