Loss of Control (fatal offence)🎀

Question 1

Identify

Answer 1

D (name) may be liable to argue the defence of Loss of Control

Question 2

Definition

Answer 2

S.54 of the Coroners and Justice Act 2009 sets out a 3 stage test

Question 3

Stage 1

Answer 3

•S.54(2) the D must have lost their self-control
•This doesn’t have to be sudden, but the longer the delay, the less likely the D will be to get the defence
•(Gregson)-D’s circumstances are relevant in assessing whether the D did lose their self-control. (e.g epilepsy, depression, unemployment + stress)

Question 4

Stage 2

Answer 4

•S.55-The loss of control must be due to a qualifying trigger.
•The fear trigger (Lodge)
•The anger trigger (Zebedee)

Question 5

The fear trigger

Answer 5

•D fears serious violence of another person (subjective test)
•The D must have genuine fear
-APPLY IF RELEVANT-

Question 6

The fear trigger (exam tip)

Answer 6

If you use this trigger, also add self defence onto your answer at the end as another defence

Question 7

The anger trigger (1)

Answer 7

•There must have been things said or done
-APPLY IF RELEVANT-

Question 8

The anger trigger (side rule)

Answer 8

•Sexual Infidelity-(Clinton) SI alone cannot be used as the things said / done, there must be another provoking factor.
-APPLY IF RELEVANT-

Question 9

The anger trigger (2)

Answer 9

•The things said or done must amount to a grave provocation
-APPLY IF RELEVANT-

Question 10

The anger trigger (3)

Answer 10

•The provocation must cause the D to feel a justifiable sense of being seriously wronged
-APPLY IF RELEVANT-

Question 11

Stage 3

Answer 11

•S.54(3)- Would a reasonable person of the same age and gender as the D and with a normal degree of tolerance have acted in a similar way? (Holley)
-APPLY-

Question 12

Conclusion (if successful)

Answer 12

The D (name) will be successful in arguing Loss of Control. D’s murder conviction will be reduced to voluntary manslaughter (