VM Loss of Control

Question 1

What are the three steps to test for VM Loss of Control?

What statute defines this?

Answer 1

1) Loss of self control
2) Qualifying Trigger
3) Compare D to reasonable person

s.54 Coroners and Justice Act 2009

Question 2

Describe Step one of VM Loss of control with cases.

Answer 2

• Must be total loss of control; ‘Snapped’
• Doesn’t have to be sudden
• R v Jewell - The greater the deliberation, the lower likelihood of the defence succeeding.

Question 3

Describe Step 2 of VM Loss of Control

Answer 3

• Must be a qualifying trigger: Fear/Things Said or Done.

Question 4

What are the Qualifying Triggers for VM Loss of Control?

Answer 4

• Fear of Violence (s.55 (3) CJA 2009).
• R v Ward - can be fear against D or other specified person.
• Things Said or Done (s.55 (4) CJA 2009).
• R v Clinton - disregard sexual infidelity.

Question 5

Describe Step 3 of VM Loss of Control.

Answer 5

• Compare D’s actions to that of a reasonable person of D’s sex/age.
• R v Rejmanski - Other factors used in consideration in specific circumstances.