Loss of control

Question 1

is loss of control a defence or crime?

Answer 1

defence

Question 2

what is loss of control?

Answer 2

where the D was provoked and had a loss of control

Question 3

what act provides the 3 stage test for loss of control?

Answer 3

s.54 Coroners and Justice Act 2009

Question 4

loss of control - stage 1

Answer 4

• the D must have a loss of control

s54 (2) loss of control does not have to be sudden - (the longer the delay, the less likely the D is to get a defence)

gregson- when assessing whether the D has lost their control you are allowed to take into account their circumstances

Question 5

stage 2 - loss of control

Answer 5

s55 the loss of control must be due to a qualifying trigger

1) Fear trigger - (subjective) - D must have a genuine fear, but the violence need not be directed at D (Pearson)

2) Anger trigger - (Hatter - fully objective)
-1. things said/done? - what has been said/dome to provoke D?
-2. Do these amount to circumstance of an extremely grave character?
-3. Do these cause the D to have a justifiable sense of being seriously wronged? - would a reasonable person would have felt seriously wronged?

Question 6

stage 2 - loss of control - side rule

Answer 6

SIDE RULE: (things said/done) - sexual infidelity

Clinton - if the qualifying trigger is only sexual infidelity, the defence is lost. There must be another provoking factor

Question 7

stage 3 - loss of control

Answer 7

s.54(3) - would a person of the same age/gender, with a normal degree of tolerance have reacted in the same way - Holley

SIDE RULE: defence cannot be successful in a desire for revenge - Evan’s