Loss Of Control

Question 1

Where is it defined

Answer 1

Defined under S54(1) of the coroners and justice act 2009 and reduces liability to voluntary manslaughter

Question 2

S54(1)(a)

Answer 2

Ds acts and omissions in doing or being a party to the killing resulted from Ds loss of self control

Question 3

R v Jewell

Answer 3

Defines loss of control as losing the ability to act in accordance with considered judgment or a loss of normal power of reasoning

Question 4

S54(2)

Answer 4

Ds loss of control need not be sudden

Question 5

S54(4)

Answer 5

The defendant cannot use the defence if he acted ‘out of defence’

Question 6

S55(3)

Answer 6

Fear trigger must come from fear of serious violence

Question 7

S55(4)

Answer 7

Anger triggers, things said or done by V which gives D a justifiable sense of being wrong

Question 8

S55(6)(C)

Answer 8

Sexual infidelity exclusion, anything regarding sexual infidelity must be disregarded

Question 9

S55(6) (A) and (B)

Answer 9

Incitement exclusion, cannot use the defence if it’s an excuse for violence

Question 10

S54(1)(c)

Answer 10

A person of Ds sex and age with a normal degree of tolerance and self restraint and in the circumstances of d, might have reacted in the same or similar way to D

Question 11

S54(3)

Answer 11

The circumstances of Ds are everything other than the things that only affect vs tolerance restraint in general