Loss of Control (Year 13)

Question 1

What is the definition of Loss of Control?

Answer 1

Where a person kills or is party to the killing of another, the person is not to be convicted of murder if-

(a) the d acts or omissions in doing or being party to the killing resulted from the d loss of control.
(b) the loss of control was caused by a qualifying trigger.
(c) a person’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted the in the same way.

Question 1

Where is the definition from?

Answer 1

S.54 of the Coroners and Justice Act 2009

Question 2

Name a few ways that loss of control can be measured in?

Answer 2

Has the defendant lost their ability to maintain their action in accordance with considered judgement.
Has the defendant lost their normal powers of reasoning.
Was the defendant’s behaviour atypical, or out of character, and normally they would not have acted in this way.
Temper or anger, or a reaction out of character, are not sufficient, the defendant must have ‘lost it’ or ‘snapped.’

Question 3

Give a case for where loss of control was not allowed?

Answer 3

R v Jewell

Question 4

Under S. 54(2) of the Coroners and Justice Act 2009 what must the loss of control be?

Answer 4

the loss of self-control no longer needs to be sudden and can be a result of a slow burn reaction (R v Alhuwalia) or a culmination of events (R v Dawes, Hatter and Bowyer).

Question 5

Explain revenge and S.54(4).

Answer 5

However, the longer the defendant waits to react, the more likely the courts will see this as an act of revenge.

S. 54(4) of the Coroners and Justice Act 2009 expressly states that the defence is not available if the defendant acted in a considered desire for revenge

Question 6

S. 55 of the Coroners and Justice Act 2009 sets out the…

Answer 6

qualifying triggers which are permitted for the defence

Question 7

S. 55(3)

Answer 7

Fear of serious violence from the victim

Question 8

S.55(4)

Answer 8

Things said or done

Question 9

What states there can be both present (even though only one is needed)?

Answer 9

S.55(5)

Question 10

What is the subjective test for fear of serious violence?

Answer 10

Did the defendant fear serious violence from the victim.

Question 11

What does the fear have to be?

Answer 11

Fear must be genuine, but does not need to be reasonable.

Question 12

Who can the fear also be directed at?

Answer 12

Fear of violence can be made against the defendant or another identified person, e.g. a child or other family member.

Question 13

Give a case for fear of reasonable violence.

Answer 13

R v Ward

Question 14

If the defendant has incited violence from the victim, the defendant cannot rely on the qualifying trigger of fear of violence. What is the section? (give a case).

Answer 14

S.55(6)
R v Dawes

Question 15

Things said or done will only amount to a qualifying trigger if:

Answer 15

They amount to circumstances of an extremely grave character; and
They cause the defendant to have a justified sense of being seriously wronged.

Question 16

What is the objective test for things said or done?

Answer 16

: Would the reasonable person believe that the things said or done were of extremely grave character and would the reasonable person have a justified sense for being seriously wronged.

Question 17

Give three cases for things said or done.

Answer 17

R v Zebedee (2012)
R v Hatter (2013)
R v Bowyer (2013)

Question 18

S. 55(6) of the Coroners and Justice Act 2009 specifically states that? Give a case.

Answer 18

Sexual infidelity can never be a qualifying trigger.R v Dawes (2013)

Question 19

It can be used as a contributing factor as long as one of the other qualifying triggers have been satisfied. What cases satisfy this?

Answer 19

R v Clinton (2012)

Question 20

What expressly states that the defence is not available if the defendant acted in a considered desire for revenge? Give a case.

Answer 20

S. 54(4) of the Coroners and Justice Act 2009
R v Ibrams and Gregory (1981)

Question 21

What is S.54(4) the same as?

Answer 21

Same rule applied in the old defence of provocation.

Question 22

Under S. 54 of the Coroners and Justice Act 2009 what is the rule of sex and age? Give a case. (the standard of self-control).

Answer 22

The new defence of loss of control is only available if a person of the defendant’s sex and age with an ordinary level of tolerance and self-restraint and in the circumstances of the defendant might have acted in the same or similar way to the defendant.
R v Camplin (1978)

Question 23

What is the general rule on circumstances and what are the exceptions? Give a case.

Answer 23

The general rule is that only the defendant’s sex and age can be taken into consideration when deciding the level of self-control.
Circumstances can include, but not limited to:
Depression;
History of abuse.
Voluntary intoxication will not be considered as part of the defendant’s circumstances.
R v Asmelash [2013]

Question 24

What must the jury consider and what will happen if they feel a normal person may have reacted in a different way?

Answer 24

The jury have to consider whether the normal person in the circumstances of the defendant would have reacted as the defendant did.
The defence will fail if the jury consider that the normal person might have lost control but would have reacted in a different way.

Question 25

Once all of the requirements have been fulfilled the defendant will be convicted of ??

Answer 25

MANSLAUGHTER NOT MURDER!

Question 26

What powers does the judge have?

Answer 26

The judge will then have discretionary powers when sentencing the defendant.