Loss of Control

Question 1

Loss of Control intro

Answer 1

Partial defense to murder under the Coroners and Justice Act 2009 which reduces conviction to voluntary manslaughter, so will not have a mandatory life sentence (BUT judge may still choose to give a life sentence)

Question 2

Loss of control definition

Answer 2

s.54(1) of C&J Act 2009

“where a person kills or is a party to the killing of another, D will not be convicted of murder if;

a) D;s act or omission resulted from D’s loss of control
b) the loss of control had a qualifying trigger
c) a person of the same age and sex of the D with a normal degree of tolerance and self-restraint in the circumstances would’ve acted the same

Question 3

Elements of loss of control

Answer 3

1. D must have lost control
2. Must be a qualifying trigger
3. Standard of self control

Question 4

1. Loss of control

Answer 4

s.54(2)
Loss of control does NOT have to be sudden - R V Jewel

temper, anger, acting out of character = NOT sufficient

Question 5

2. Qualifying Trigger

Answer 5

s.55
2 types of triggers

1. Fear trigger s.55(3)
2. anger trigger s.55(4)

Question 6

Fear Trigger (s.55(3))

Answer 6

D’s fear of violence:
“D has a fear of violence from V or an identified person”, doesn’t have to be V themselves - R V ward

where D initiated the violence = cannot rely on the defense - R V Dawes

Question 7

R V ward

Answer 7

successfully pleaded LofC after killing V who had attacked his brother

Question 8

R V Dawes

Answer 8

found wife asleep, had altercation and stabbed her - no reliance on fear as he had induced the violence by waking her

Question 9

Anger Trigger

Answer 9

Things said or done (or both)
Objective test:
a) constituted circumstances of extremely grave character and…
b) caused D to have a justifiable sense of being wronged

R v Zebedee
R V bowyer

Question 10

R v Zebedee

Answer 10

D killed father with Alzheimers after hes soiled himself continually = not grave or justifiable

Question 11

R V Bowyer

Answer 11

not a justifiable sense of being wronged as he was committing a burglary

Question 12

RESTRICTIONS on the qualifying triggers

Answer 12

SEXUAL INFIDELITY (s.55(6))
Never a qualifying trigger by itself - can be integrated with other factors

R V Clinton
R V Hatter

Question 13

R V Clinton

Answer 13

D and wife both on meds for depression - he lost control due to many factors such as wife telling him shed slept with other men, taunting him about suicide and saying she didnt want his children - here, sexual infidelity could be considered a factor as there was others as well

Question 14

R V Hatter

Answer 14

a break up will not normally constitute to entitle the D to feel a sense to feel seriously wronged

Question 15

3. Standard of self control

Answer 15

“a person of D’s sex and age with a normal degree of tolerance and self restraint in the same circumstances as the D would’ve acted in a similar way”

objective element - age/sex
subjective element - circumstances

R V Rejmanski - court confirmed that mental disorder may be relevant when deciding on standard of self control

Question 16

R V Rejmanski

Answer 16

court confirmed that mental disorder may be relevant when deciding on standard of self control

Question 17

Voluntary intoxication exceptions to standard of self control

Answer 17

Voluntary intoxication cannot be considered for loss of control - confirmed in R V Amlash

BUT

if D had severe problem with alcohol/ drugs and was severely taughnted, may be able to form part of the circumstances