Loss Of Control

Question 1

Definition

Answer 1

Section 54 (2) of the coroners and justice act 2009 sets out a 3 stage test

Question 2

Stage one- s.54(2)

Answer 2

D must have lost their self-control. The longer the delay the less likely the D will get the defence

Question 3

Stage two- s.55

Answer 3

the loss of control must be due to a qualifying trigger. Fear (Pearson) or anger (hatter)

Question 4

Fear trigger

Answer 4

D fears serious violence to d or another person (Pearson)

Question 5

Anger trigger stage one

Answer 5

There must be things said or done. Sexual infidelity on its own cannot be used (Clinton)

Question 6

Anger trigger stage two

Answer 6

The things said or done must amount to grave provocation

Question 7

Anger trigger stage three

Answer 7

Causes d to feel a justifiable sense of being seriously wronged

Question 8

Stage three of loss of control - s54(3)

Answer 8

Would a reasonable person of the same age and gender of the d and with a normal degree of tolerance acted in a similar way (Holley)