Loss of Control Flashcards
Which of the following must be proven for the defence of Loss of Control to succeed under the Coroners and Justice Act 2009?
A. Loss of self-control, a qualifying trigger, and the normal person test
B. A complete loss of awareness and self-direction
C. That D was acting under provocation as defined in common law
D. That D acted on sudden impulse
A. Loss of self-control, a qualifying trigger, and the normal person test
Explanation: These are the three statutory components required under section 54(1) of the Coroners and Justice Act 2009.
D stabs their partner after discovering infidelity. The defence of Loss of Control fails. Why?
A. Infidelity is never emotionally provocative
B. Sexual infidelity alone cannot be a qualifying trigger
C. There was no intent to cause harm
D. The partner had not physically attacked D
B. Sexual infidelity alone cannot be a qualifying trigger
Explanation: Under section 55(6)(c), sexual infidelity by itself is excluded from being a qualifying trigger, though context may allow its inclusion in broader circumstances.
What is the impact of proving Loss of Control as a defence?
A. The defendant is acquitted
B. The defendant is convicted of voluntary manslaughter instead of murder
C. The defendant avoids all sentencing
D. The defendant is sentenced to a minimum of 25 years
B. The defendant is convicted of voluntary manslaughter instead of murder
Explanation: Loss of Control is a partial defence that reduces a murder conviction to voluntary manslaughter, avoiding the mandatory life sentence.
D kills V after V threatens to attack D’s child. Which trigger might apply?
A. There is no qualifying trigger in this case
B. Anger trigger due to feelings of betrayal
C. Fear trigger due to serious violence
D. Self-defence replaces the need for Loss of Control
C. Fear trigger due to serious violence
Explanation: Section 55(3) allows a fear of serious violence against D or another identified person to act as a qualifying trigger.
D kills a man after being taunted about past abuse. The taunts were severe, and D lost control. What is the most relevant legal consideration?
A. Whether D was highly sensitive
B. Whether D’s reaction was justified by past trauma
C. Whether a normal person might have reacted similarly in D’s circumstances
D. Whether D intended to cause harm
C. Whether a normal person might have reacted similarly in D’s circumstances
Explanation: The normal person test under s54(1)(c) requires the jury to consider D’s circumstances and ask whether a reasonable person might have reacted similarly.
Which of the following is excluded as a valid trigger for loss of control on its own?
A. Words revealing infidelity
B. A physical threat
C. A serious threat to a loved one
D. A pattern of abuse
A. Words revealing infidelity
Explanation: Under s55(6)(c), sexual infidelity on its own is not a valid trigger, though it may be relevant to context.
D suffers from PTSD. V taunts D, triggering a violent response. How is D’s PTSD treated in the normal person test?
A. It is fully included in the test
B. It is never relevant
C. It changes the threshold of what is considered normal behaviour
D. It may be relevant to assess the gravity of the taunt, but not the standard of self-restraint
D. It may be relevant to assess the gravity of the taunt, but not the standard of self-restraint
Explanation: Following R v Rejmanski, mental health can be considered to assess how offensive the trigger was, but not to lower the standard of restraint expected of the normal person.
Which best describes the threshold for the “extremely grave” requirement of the anger trigger?
A. Anything that causes D emotional distress
B. Serious everyday disagreements
C. Circumstances that ordinary people would find deeply serious and unusual
D. Arguments about money or jealousy
D. Circumstances that ordinary people would find deeply serious and unusual
Explanation: The anger trigger requires circumstances of “extreme gravity”, meaning situations far beyond normal emotional upsets or daily frustrations, as per Clinton and Herring’s interpretation.
