Loss Of Control

Question 1

Definition

Answer 1

It is under s54 and 55 of the coroners and justice act 2009 Loss of control will provide a partial defence for murder reducing liability to voluntary manslaughter

Question 2

What is a loss of control?

Answer 2

Either a sudden snap or a slow burn (Jewell)

Question 3

What is the anger trigger?

Answer 3

Things said or done must be of an extreme grave nature and cause the defendant to have a justifiable sense of being seriously wrong (zebeedee)

Question 4

What is the fear trigger?

Answer 4

The defendant must fear serious violence towards themselves or someone close to them (ward)

Question 5

What are disqualifying triggers?

Answer 5

Revenge and sexual infidelity (Clinton) unless part of wider context

Question 6

What is the standard of self-control test?

Answer 6

Whether defendant will be compared to the reasonable person on whether a person of D’s sex and age would have acted in the same way in a similar situation (rejmanski)

Question 7

What is the rule with voluntary intoxication?

Answer 7

Intoxication will provide no defence to murder unless a sober person of the same sex and age would’ve acted in the same way (ashmelash)