Partial Defence - Loss Of Control

Question 1

Loss of Control- act

Answer 1

Sections 54-55 Coroners and Justice Act 2009

Question 2

Loss of Control- definition

Answer 2

D’s act or omission in killing V result from a loss of control which had a qualifying trigger and a person of D’s sex and age with a normal degree of tolerance and self restraint might have acted in the same or similar way

Question 3

Loss of Control- must be a loss of control

Answer 3

S54(2)
The loss of control does not need to be sudden jury can take delay into account
There must be sufficient evidence to leave the issue to the jury (Clinton, Parker Evans)
D is not in control, if he has lost ability to act with considered judgement or normal powers of reasoning (Jewell)
Two hour delay was sufficient as D had not calmed down in that time (Ahluwalia)
Will not count if acting out of revenge (Baille)

Question 4

Loss of Control- must be a Qualifying trigger fear

Answer 4

Fear: s55(3) D fears serious violence from V
The test is subjective as long as the D’s fear of serious violence is genuine. It does not need to be a reasonable fear.
Fear of violence from burglars is now considered as a qualifying trigger (Martin)

Question 5

Loss of Control- must be a qualifying trigger anger

Answer 5

Anger: s55(4) things said done or both
(a) constituted circumstances of an extremely grave character and
(b) caused D to have a justifiable sense of being seriously wronged
The Objective test is used: jury decide, if a reasonable man would’ve felt seriously wronged
The threshold is very high, so the defence will rarely succeed (Doughtry)
Combination s55(5) can be a combination of fear and anger triggers (Sands) Anger: s55(4) things said done or both
(a) constituted circumstances of an extremely grave character and
(b) caused D to have a justifiable sense of being seriously wronged
The Objective test is used: jury decide, if a reasonable man would’ve felt seriously wronged
The threshold is very high, so the defence will rarely succeed (Doughtry)

Question 6

Loss of Control - must be a qualifying trigger combination

Answer 6

Combination s55(5) can be a combination of fear and anger triggers (Sands)

Question 7

Loss of control- restrictions

Answer 7

S55(6)(a-b) fear and anger triggers cannot be used if D, incites the situation, uses an excuse for violence (Johnson).
S55(6)(c) sexual infidelity alone, not enough for on the trigger, but in (Clinton) infidelity could be taken into account if combined with other feel anger trigger issues e.g. taunting

Question 8

Loss of Control - Objective Test

Answer 8

The jury will decide whether a person of D’s sex and age with a normal degree of tolerance and self restraint and in the D’s circumstances might have reacted in the same or similar way (Camplin), age and sex, an important consideration.
Can include:
(Gregson) unemployment, epilepsy and depression
(Clinton) discovering infidelity
(Hill) childhood sexual abuse
Can’t include:
(Asmelash) intoxication
(Mohammad) anger issues

Question 9

Loss of Control- outcome

Answer 9

Succeeds : D’s murder charge will be dropped a voluntary manslaughter
Fails : D Will still be charged with murder