loss of control

Question 1

definition

Answer 1

S.54 Coroners and justice act 2009 sets out a 3 stage test

Question 2

Stage 1 actus reus

Answer 2

s.54 (2) The d must have lost their self-control
does not need to be sudden but the longer the delay the less likely to get the defence
D’s circumstances are important (Gregson)

Question 3

Stage 2 actus reus

Answer 3

S.55 the loss of control must be due to a qualifying trigger, Fear trigger (pearson) or anger trigger (Hatter)

Question 4

Fear trigger (Pearson)

Answer 4

D fears serious violence to themselves or another person (Pearson) Subjective test & D must feel genuine fear

Question 5

Anger trigger (Hatter)

Answer 5

Fully objective test
1. there must be things said or done
Side rule (Clinton)- sexual infidelity alone cannot be used as things said or done
2. the things said or done must amount to grave provocation
3. causes the defendant to feel a justifiable sense of being wronged

Question 6

Stage 3

Answer 6

S.54(3) would a reasonable person of the same age and gender as the defendant and with a normal degree of tolerance have acted in a similar way (Holley)
side rule (Evans)- defence can not be used in desire for revenge