Loss Of Control

Question 1

Define

Answer 1

Set out in coroners and justice act 2009

3 elements

Question 2

Did D actually lose control?

Answer 2

Defined as “an action undertaken without careful thought”
Ahluwalia - loss of control need not be sudden, a heating up period will be sufficient as long as D actually loses control
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Question 3

Qualifying triggers

Answer 3

S.55 CJA 2009 sets out qualifying triggers

Ds Fear of violence
Fear of violence from V can be against D or another identified person (Martin) could be used for battered wives (Ahluwalia)
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Things said or done
Must be of extremely grave character and give D a justifiable sense of being seriously wronged (Doughty)
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Sexual infidelity and considered desire for revenge don’t count as triggers

Question 4

Would a person of the same age and sex act the same way in circumstances?

Answer 4

Ds age and sex with normal degree of tolerance - take into account age and sex but not characteristics that could be relevant to Ds level of short temper etc

Circumstances of D - court takes into account relevant circumstances such as history of child abuse (Hill)

Recated in same or similar way to D - Court looks at whether reasonable person would have reacted the same way (Van Dongen)

Question 5

Conclude

Answer 5

Discretionary sentence of anything up to life

S. 2(2) homicide act 1957