Loss of Control Flashcards
Basic definition of Loss of Control
D carries out an action whilst not in control of themselves
Legislative source of Loss of Control
Coroners and Justice Act 2009
Role of Defendant in Loss of Control defense:
Raises the defense and is required to provide sufficient evidence to raise an issue with respect to the defense
Role of Jury in Loss of Control:
Jury must assume that defense is satisfied if sufficient evidence is provided
Role of Prosecution in Loss of Control:
Prosecution has the burden of proving beyond reasonable doubt that the evidence provided was insufficient
What ‘Sufficient evidence’ is defendant required to raise when arguing for a defense of Loss of Control:
Evidence which, in the opinion of a trial judge, a properly directed Jury could reasonably conclude that the defense might apply
3 Parts to the Loss of Control defense:
- Loss of self-control
- Qualifying trigger
- Normal person test
Loss of self-control
Subjective question which delves into mind of defendant.
S54 (2) CJA 2009
Fear of Serious violence (Loss of Control)
Subjective question
Enough to just fear the violence
Fear can be mistaken
S55 (3) CJA 2009
An extremely provocative act/ things said or done
Loss of Control
Actions which constituted circumstances of an extremely grave character which caused D to have justifiable sense of being wronged.
R v Dawes [2013]
Does sexual infidelity count as a qualifying trigger?
Loss of Control
Not on its own. Must be accompanied by other factors.
R v Clinton
Normal Person test:
Loss of Control
Looks at whether a person of defendants:
a) . age and sex
b) . with normal degree of tolerance and self-restraint
c) . in D’s circumstances have acted in a similar fashion.
S54 (1) (c) CJA
Age and sex
Loss of Control
Camplin [1978}
Dawes [2013]
Not required to be a sudden loss of self-control. Qualifying trigger can occur some time prior to loss of control.
Camplin [1978]
Courts should not expect an old head on young shoulders.
