Loss Of Control Model Answer Flashcards
Here, loss of control may apply, set out in…
section 54 and 55 of the coroners and justices act 2009.
… tests must be…
Three tests must be satisfied:
Firstly, under … there must be a…
Firstly under S54(2) there must be a total loss of control.
It need not be sudden, however, a…
‘Considered desire for revenge’ will not be a loss of control (JEWELL)
Secondly under … the loss of control must have …
S55 a qualifying trigger.
If relevant: the “fear trigger” under S55(3), is where the defendant had a …
fear of serious violence from the victim to either himself or another identified person (WARD).
The defendant must not have …
Incited the violence (DAWES).
If relevant: the “anger trigger” under S.55(4) is where …
things said or done (or both) constituted circumstances of an extremely grave character AND caused the defendant to have a justifiable sense of being seriously wronged.
Both parts of the anger trigger are …
Judged objectively.
S5(6) places …
Limitations on the triggers.
A relationship break up of hurtful remarks will …
Not be enough to constitute ‘extremely grave’ or the defendant being ‘seriously wronged’.
Sexual infidelity alone will …
Not be enough (S55(6)(C)) but it can be considered if there are other things said or done.
An accumulation of factors can …
be enough, as in (CLINTON).
Thirdly, under S54(1)(C), the court will ask whether a person of the defendants …
sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances of the defendant, might have reacted in the same or similar way.
This is an … test, so for ‘circumstances of the defendant’ things that …
(Objective) relate to the ‘general capacity to exercise tolerance’ must be ignored, (MCGRORY), such as short temper or voluntary intoxication and perhaps even depression as in ASMELASH and in MOHAMMED
If the defendant has a mental illness that has relevance to the ability to exercise self-control, or contributes to the normal degree of tolerance …
this may be taken in to account (REJMANSKI)
To conclude,
under S54(7), D will be liable for voluntary manslaughter not murder as all of the tests for loss of control are satisfied.
