LOSS OF CONTROL

Question 1

ACT

Answer 1

Sections 54-55 Coroners and Justice Act 2009

Question 2

DEFINITION

Answer 2

D’s act or omission in killing V resulted from a loss of control which had a qualifying trigger and a person of D’s age and sex, with a normal degree of tolerance and self-restraint, might have acted in the same or a similar way

Question 3

THERE MUST BE A LOSS OF CONTROL

Answer 3

S54(2)
- The loss of control does not need to be sudden - jury can take delay into account
- (R v Clinton, Parker and Evans) there must be sufficient evidence to leave the issue to the jury
- (R v Jewell) D is not in control if he has lost the ability to act with considered judgement or normal powers of reasoning
- (R v Ahluwalia) 2-hour delay was sufficient as D had not calmed down in that time
-(Baille) will not count if D acting out of revenge

Question 4

THERE MUST BE A QUALIFYING TRIGGER

Answer 4

1) FEAR TRIGGER S55(3)
2) ANGER TRIGGER S55(4)
3)COMBINATION S55(5)

Question 5

FEAR TRIGGER

Answer 5

S55(3)- D fears serious violence from V
the test is subjective - as long as the D’s fear of serious violence is genuine, it does not need to be a reasonable fear

fear of violence from burglars now considered as a qualifying trigger (Martin)

Question 6

ANGER TRIGGER

Answer 6

S55(4)- things said or done (or both)
a) constituted circumstances of an extremely grave character and
b) caused D to have a justifiable sense of being seriously wronged

the objective test is used: jury decide if reasonable man would have felt seriously wronged

the threshold is very high, so that the defence will rarely succeed (Doughtry)

Question 7

COMBINATION

Answer 7

S55(5)- can be a combination of fear and anger triggers (sands)

Question 8

s55(6)(a-b)

Answer 8

fear and anger triggers cannot be used if D incites the situation and uses it as an excuse for violence (Johnson), D started an argument with V who retaliated. D raised loss of control as a defence to his killing of V . this was not expected

Question 9

s55(6)(c)

Answer 9

sexual infidelity alone not enough for anger trigger but in (Clinton) infidelity could be taken into account if combined with other fear or anger trigger issues

Question 10

THE OBJECTIVITY TEST

Answer 10

S54(1)(C) The jury will decide whether a person of the D’s sex and age, with a normal degree of tolerance and self-restraint and in D’s circumstances, might have have reacted in the same or in a similar way (Camplin) age and sex an important consideration

Question 11

CIRCUMSTANCES CAN INCLUDE

Answer 11

(Gregson) unemployment, epilepsy, depression
(Clinton) discovering infidelity
(Hill) sexual abuse suffered as a child

Question 12

FACTORS CANNOT BE CONSIDERED

Answer 12

Intoxication (Asmelash)
Bad temper/ anger issues (Mohammed)