Loss Of Control

Question 0

1. D must suffer a loss of self control

Answer 0

R v Coker: merely giving in (succumbing) to requests doesn’t amount to a LSC
R v Duffy - d not master of his mind

Question 1

S54 coroners and justice act 2009

Answer 1

D shall not be guilty of murder if:

• D’s conduct resulted from a loss of self control
• the LSC caused by a qualifying trigger
• persons of Ds age, sex, and in his circumstances with a normal tolerance and self restraint might have done a similar or the same thing

Question 2

Richens ‼️

Answer 2

• not being able to control his actions, not his mind
• d couldn’t restrain himself from what he was doing
• not that D did know what he was doing

Question 3

2. Anger trigger
   S55(4)- d’s LSC must come from:
   1- things said or done
   2- which must be of an extremely grave character
   3- give d a justifiable sense of being seriously wronged (Mohammed, r v Evans)

Answer 3

Exclusion!!!
Fact that things said or done constitutes sexual infidelity must be disregarded - r v Clinton
Lord judge: if only sexual infidelity is relied on for QT- must be disregarded however it’s unrealistic to exclude where it’s integral in the case

Question 4

Fear trigger

S55(3)- Ds LSC must come from Ds fear of serious violence from V, against D or another identified person

Answer 4

Pearson- (fear from dad to brother)
Clegg- no fear from V
Ahluwahlia- acted out of threat of serious violence

Question 5

Incitement exclusion

Answer 5

S55(6)(a) & (b)- inciting the fear or anger trigger in order to provide an excuse for violence invalidates the defence

Question 6

S54(2) doesn’t matter whether the LSC is sudden or not - r v Ahluwahlia
- a slow burn reaction may negate a loss of self control

Answer 6

R v baillie- Ds LSC can be substantial over a longer period of time

Question 7

S54(4) D can’t use the defence if he acted out of a desire for considered revenge

Answer 7

R v Ibrahams and Gregory

Harassing and attack later

Question 8

3. Person of Ds
   Age - r v Caplin (less expected of young)
   Sex - generally men are more short tempered
   Circumstances - tolerance and self restraint

Answer 8

General rule: all of Ds circumstances exception = a circumstance that only affects Ds tolerance and restraint can’t be considered - s54(3)

Question 9

Taunting something affecting tolerance cases

Answer 9

Gregson
Asmalash
Taunting this can add to anger trigger and then be considered