Loss of control

Question 1

What are the criticisms about suddenness?

Answer 1

• S.54 does not require the loss of control to be sudden which is an advantage over the old law although it is now unclear as to how long the delay can be before it becomes a revenge killing.
• Up to juries to decide what is considered too significant of a delay which may cause inconsistency.

Question 2

What are the issues with qualifying trigger?

Answer 2

• Limits the number of cases that will be successful when trying to prove the defence.
• Fear of serious violence also may allow self defence cases which would have faced the chance to succeed.

Question 3

What is the issue with extremely grave character?

Answer 3

• No clarity as to whether this is an objective test and case law will be needed to establish this.
• Juries idea of grave character may be different from D’s and if it does not consider any of D’s characteristics it could lead to unjust decisions.

Question 4

What are the problems associated with the objective test?

Answer 4

• Person of Ds sex and age acting in a similar way is too vague.
• Some argue age should not be considered but instead their level of maturity as this is more likely to influence how they act.

Question 5

Law reform for loss of control?

Answer 5

Have suggested that should not require a loss of self-control so that people who kill after years of abuse do not have to prove they had a loss of self control, just that they could not see another option.

• This removes the suddenness which is where a lot of abuse cases may fail.
• Also stated that they could introduce a new defence for those suffering from domestic violence.