Loss of control Flashcards
What is the legal status of Loss of Control in murder cases?
Partial defence to murder, leads to an alternative conviction for Voluntary Manslaughter
Who bears the burden of proof once the issue of Loss of Control is raised?
The prosecution
They must prove that only one of the components for the defence is absent for it to fail.
What are the three requirements for a Loss of Control defence?
- Loss of Self-Control
- Qualifying Trigger
- Normal Person Test
These components must be satisfied for the defence to be considered.
What must be considered under loss of control?
- Need not be a complete loss of control but a mere loss of temper would not be enough (R v Richens [1993])
- Longer the delay the less likely it is that the defendant lost self-control
- Defence will be lost should it be established that D was acting out of a considered desire for revenge
What effect does a longer delay have on the loss of self-control?
The longer the delay, the less likely it is that the defendant lost self-control. But loss of control need not be sudden.
What constitutes a ‘Qualifying Trigger’?
- Fear trigger
- Anger trigger
What is the ‘Fear Trigger’ in the context of Loss of Control?
Subjective test regarding whether the defendant feared serious violence
How is the ‘Anger Trigger’ defined?
- Things said or done
- That consitute circumstances of an extremely grave nature (objective)
- That caused the D to have a justifiable sense of being really seriously wronged (objective - compare to the normative standards of someone living in Britain)
What is the ‘Normal Person Test’?
A person of D’s sex and age with a normal degree of tolerance and self-restraint might have reacted similarly
1. What is the gravity of the qualifying trigger to a person in D’s circumstnaces
2. As a result of that trigger, would a normal person done what D did or something similar?
What types of characteristics are excluded in the Normal Person Test?
Bad temper, intoxication, extreme sensitivity, PTSD, personality disorder
What limitations exist for the Loss of Control defence?
- Considered desire for revenge
- Using it as an excuse for violence
- Sexual infidelity cannot be the sole trigger
Is Loss of Control a defence to attempted murder?
No, it is not a defence to a charge of attempted murder
What is the approach to the loss of control defence and intoxication?
The loss of control defence must be approached without reference to an individual’s intoxication.
What determines if an intoxicated defendant can use the loss of control defence?
If a sober individual in the defendant’s circumstances with normal levels of tolerance and self-restraint might have behaved in the same way as the defendant confronted by the qualifying trigger, D would not be deprived of the LoC defence.
R v Asmelash [2013]
