Loss Of Control

Question 1

Loss of control definition

Answer 1

S54(1) Coroners and Justice Act 2009 set out a three stage test to establish whether D suffered a loss of control

Question 2

Stage 1 - Loss of control

Answer 2

S54(2) - the loss of control does not have to be sudden as seen in the case of Ahluwhalia, the longer the delay the less change of getting the defence

Gregson - can take into account personal circumstances

Question 3

Stage 2 - Does D have any qualifying triggers?

Answer 3

S55
QT1) Fear of serious violence - Pearson
QT2) S55(3) Things said or done amounting to grave provocation and making D feel seriously wronged - R v Dougherty

S55(6) if things said or done constituted to sexual infidelity, it is disregarded however R v Clinton - can be used alongside other provoking factors

Question 4

Stage 3 - S54(3) would a reasonable person of the same age and gender, with a normal degree of tolerance of reacted in the same way

Answer 4

Use Camplin and R v Holley

Question 5

Final rules

Answer 5

S54(4) no defence if acting if considered to be revenge comes from the case of R v Ibrhams & Gregson

S55(6)(b) can’t be a defence if D is looking for an excuse to be violent