Loss of control

Question 1

Section … of the …

Answer 1

S.54 of the Coroners and Justice Act 2009

Question 2

Loss of control is

Answer 2

a sudden or temporary loss of control.

Question 3

Loss of control case

Answer 3

Duffy

Question 4

No longer

Answer 4

no longer has to be sudden. There can now be a lapse of time. This is known as a slow burn.

Question 5

‘Qualifying trigger’

Answer 5

Where V has done something to provoke D. Fear of serious violence or things said/done
Abuse, laughing, taunting.

Question 6

Ahluwalia

Answer 6

D was provoked by her abusive husband

Question 7

‘Justifiable…’

Answer 7

Justifiable sense of being seriously wronged. The jury must agree that it is a justifiable reason to have lost control.

Question 8

Mohammed

Answer 8

Dad killed daughter because she had sex. This is not justifiable.

Question 9

Circumstances

Answer 9

must be extremely grave. Where Ds mental or physical state was being seriously harmed by V or Vs actions.

Question 10

Humphreys

Answer 10

girl killed bf who was allowing her to be raped multiple times.

Question 11

What test is applied?

Answer 11

Objective test. D is compared to the ordinary, reasonable, normal person of Ds sex/age. Would they have done the same as D?

Question 12

Revenge

Answer 12

The defence will fail if there is a ‘considered desire for revenge’. Where D has contemplated killing.

Question 13

Infidelity

Answer 13

The defence will fail if the case involves sexual infidelity

Question 14

Dawes

Answer 14

D killed wifes lover.

Question 15

State The Law

Answer 15

S.54 of the Coroners and justice Act.
Sudden of temporary loss of control. Duffy.
No longer has to be sudden, there can not be a lapse of time. This is known as the slow burn.
There needs to be a ‘Qualifying Trigger’. Where V has done something to invoke or enrage D. D fears serious violence. Things said/done Ahluwalia.
It needs to be a justifiable sense of being seriously wronged. The jury must agree that it is a justifiable reason for the loss of control. Mohammed.
The circumstances must be extremely grave. Where Ds mental or physical state was being seriously harmed. Humphreys.
The Objective test is applied. D is compared to the ordinary, reasonable, normal person. Would they have done the same as D?
The defence will fail is there is a ‘considered desire for revenge. Where D has contemplated killing V.
The defence will fail if the case involves sexual infidelity. Dawes.