Loss Of Control

Question 1

Definition

Answer 1

Defined in section 54 of the Coroners and Justice Act 2009, will reduce D’s charge to voluntary manslaughter if successful

Question 2

Total loss

Answer 2

There must have been a total loss of control

Question 3

Loss of control

Answer 3

Can be a sudden snap or a slow burn (R v Jewell)

Question 4

Qualifying trigger 1

Answer 4

A fear of serious violence to the defendant or another identifiable person, D cannot incite this violence (R v Ward)

Question 5

Qualifying trigger 2

Answer 5

Things said or done which were of extremely grave character and caused the D to have a justifiable sense of feeling seriously wronged (R v Hatter)

Question 6

Excluded from triggers

Answer 6

Some factors such as sexual infidelity (R v Clinton) or revenge will not be acceptable as a trigger

Question 7

Reasonable man

Answer 7

The defence will be available if a person of the same sex and age with a normal degree of tolerance and restraint would have acted the same way in the same circumstances (R v Rejmanski)

Question 8

Reason for killing

Answer 8

The D must have had a total loss of control which led to the killing and it would not have happened otherwise