Loss of Control

Question 1

Loss of control intro/definition

Answer 1

• D may be able to argue the defence of loss of control.
• Section 54 of the Coroners and Justice act 2009 sets out a 3 stage test.

Question 2

Loss of control stage 1

Answer 2

S54(2) states that the D must have lost their control.
-The loss does not have to be sudden, but the longer the delay, the less likely the D is to get the defence.
-(Gregson) rules that the D’s circumstances are taken into account when assessing whether they lost their control (E.G- unemployment, stress).

Question 3

Stage 2 of Loss of control

Answer 3

• Section 55- The loss of control must be due to a qualifying trigger. There are two triggers- the fear trigger(Lodge), or anger trigger (Zebedee).
• Explain/ Apply whichever trigger is relevant to the question

Question 4

Loss of Control- Fear trigger

Answer 4

-D fears serious violence to D or another person (Lodge/ Pearson)- subjective test and D must have genuine fear.
-exam tip- If you use this trigger, self defence will most likely need to be applied.

Question 5

Loss of control- Anger trigger

Answer 5

Established in (Zebedee)- three part fully objective test:
1) There must be things said or done.
- Clinton- sexual infidelity alone cannot be the thongs said or done
2) The things said or done must amount to grave provocation
3) Causes D to feel a sense of being justifiably wronged.

Question 6

Stage 3 of Loss of control

Answer 6

s.54(3) Would a reasonable person pf the same age and gender as the D with a normal degree of tolerance have acted in a similar way (Holley).
-Side Rule- the defence cannot be used in a desire for revenge.