Loss Of Control Flashcards
What is the legal basis for loss of control in voluntary manslaughter?
Loss of control is set out in Sections 54 and 55 of the Coroners and Justices Act 2009.
What is the first test for loss of control under S54(2)?
There must be a total loss of control. It need not be sudden, and a ‘considered desire for revenge’ will not qualify as a loss of control.
What indicates a total loss of control?
A total loss of control is indicated when the defendant has lost the ability to maintain action in accordance with considered judgement, lost normal powers of reasoning, or behaved out of character.
What is an example of total loss of control?
D probably had a total loss of control when he suddenly jumped up and attacked V without warning.
What is the second test for loss of control under S55?
The loss of control must have a qualifying trigger.
What is the ‘Fear Trigger’ under S55(3)?
The ‘Fear Trigger’ is when the defendant had a fear of serious violence from the victim to himself or another identified person, and the defendant must not have incited the violence.
What is the ‘Anger Trigger’ under S55(4)?
The ‘Anger Trigger’ is when things said or done constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged.
What are the limitations on the triggers under S55(6)?
A relationship break up or hurtful remarks will not be enough to constitute ‘extremely grave’ or the defendant being ‘seriously wronged’. Sexual infidelity alone is insufficient but can be considered with other factors.
What is an example of the Fear Trigger applying?
The Fear Trigger applies as D had a fear of serious violence by V when V brandished a knife in his face, and he did not incite the fear himself.
What is an example of the Anger Trigger applying?
The Anger Trigger applies as a reasonable person would consider V killing D’s wife and boasting about it as circumstances of an extremely grave character, causing D to feel seriously wronged.
Can the anger and fear triggers apply simultaneously?
Yes, the anger and fear triggers can apply simultaneously.
What is the third test under S54(1)(C)?
The court will ask whether a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same or similar way.
What is the nature of the test under S54(1)(C)?
This is an objective test, and factors relating to the defendant’s general capacity to exercise tolerance must be ignored,(McGrory),such as a short temper,or voluntary intoxication and perhaps even depression as in Asmelah and in Mohammed. if a defendant has a mental illness that has relevance to the ability to exercise self control or contributes to the normal degree of tolerance this may be taken into account.
