Loss Of Control Flashcards
(10 cards)
What is the legal basis for the defence of Loss of Control?
I-D may be able to argue the defence of Loss of Control under S.54 Coroners and Justice Act 2009.
This sets out a 3 stage test.
What is Stage 1 of the Loss of Control test?
Stage 1 (S.54 (2)) requires D to have lost their self-control. This does not need to be sudden, but a longer delay makes it less likely. D’s circumstances are relevant according to Gregson in assessing whether D did lose their self-control.
Examples include epilepsy, depression, unemployment, and stress.
What is Stage 2 of the Loss of Control test?
Stage 2 (S.55) states that the loss of control must be due to a qualifying trigger. There are two triggers: fear trigger and anger trigger.
Only explain and apply the one you think is relevant.
What is the fear trigger in the context of Loss of Control?
The fear trigger occurs when D fears serious violence to themselves or another person (Lodge/Pearson). It is a subjective test, requiring D to have a genuine fear.
If using this trigger, also add self-defence to your answer as another defence.
What is the first requirement for the anger trigger objective test under zebedee?
There must be things said or done.
What is the side rule regarding sexual infidelity?
Sexual infidelity alone cannot be used as the things. (Clinton)
What must the things said or done amount to?
They must amount to grave provocation.
What must the provocation cause the defendant to feel?
A justifiable sense of being seriously wronged.
What is the reasonable person standard in Stage 3?
S.54(3)- Would a reasonable person of the same age and gender as the D and with a normal degree of tolerance have acted in a similar way? (Holley)
What can D successfully argue regarding their conviction?
D will be successful in arguing Loss of Control, reducing their murder conviction to voluntary manslaughter.
