PAPER 1 LOSS OF CONTROL

Question 1

Where is the defence of loss of control found?

Answer 1

Under S.54(1) of the coroners and justice act 2009 (CJA 2009)

Question 2

What does a successful plea do?

Answer 2

Reduces a verdict of murder to one of guilty of manslaughter

Question 3

What is the first element of loss of control?

Answer 3

That they must suffer a loss of control

Question 4

In Jewell it was stated what?

Answer 4

Loss of control is considered to mean a loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.

Question 5

What does S.54(2) state?

Answer 5

That the loss of self control doesn’t need to be sudden

Question 6

What does S.54(4) specifically invalidate?

Answer 6

The defence where the killing is motivated by a considered desire for revenge.

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Question 7

What is the second element?

Answer 7

The loss of control must have a qualifying trigger

Question 8

Under S.55(5) CJA 2009 what can the qualifying trigger be?

Answer 8

Fear or anger

Question 9

What is the fear trigger?

Answer 9

Where the defendant lost self-control due to fear of serious violence from the victim against either themselves or another identified person. (Ward)

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Question 10

What is the anger trigger?

Answer 10

Attributable to a thing or things done or said (or both) which either constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged.

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Question 11

ONLY IF RELEVANT- under S.55(6) there are three important restrictions on what?

Answer 11

The availability of these qualifying triggers

Question 12

IF RELEVANT — Substantial impairement must provide an explanation for what?

Answer 12

The defendants acts and omissions in the killing.

Question 13

IF RELEVANT- What is the second restriction under S.55(6)(b)?

Answer 13

Makes the same point if D incited a thing to be done or said that caused in him a sense of being seriously wronged

Question 14

Only if relevant - what is the third restriction under S.55(6)(c)

Answer 14

Anything said or done in connection with sexual infidelity is to be disregarded.

Question 15

Only if relevant - In Clinton what was it said about sexual infidelity?

Answer 15

May be taken into account in assessing whether things done or said amounted to circumstance of an extremely grave character and gave D a justifiable sense of being seriously wronged

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Question 16

What is the third element of loss of control?

Answer 16

An objectivity test which requires someone of the same age and sex as the defendant with a normal degree of tolerance and self restraint and in the same circumstances as the defendant might have reacted in a similar way.

Question 17

What may be taken into account?

Answer 17

Only the age and sex of the defendant, along with the circumstances of the defendant, which do not bear on the defendant’s “general capacity for tolerance and self-restraint”

Question 18

What circumstances can be considered?

Answer 18

Depression, epilepsy, unemployment, past abuse and possibly sexual infidelity (Clinton)

Question 19

What circumstance won’t the jury not consider?

Answer 19

Short temper (Mohammed)
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