Loss Of Control

Question 1

Opening line of application for loss of control

Answer 1

D may be able to argue the defence of voluntary manslaughter , specifically loss of control

Question 2

Loss of control definition

Answer 2

Loss of control is defined under s.54 coroners and justice act 2009 as having a 3 stage test

Question 3

What is the first stage of loss control

Answer 3

Stage 1 S.54(2) states the D must have lost their self control
This does not need to be sudden but the longer the delay , the less likely the D is to get the defence
Ds circumstances are also relevant according to Gregson in assessing whether the D did lose their self control

Question 4

What is stage 2

Answer 4

S.55 states there must be a qualifying trigger. There are 2 triggers: fear (Pearson) and anger( hatter)

Question 5

What is the fear trigger

Answer 5

Where the D fears serious violence to the D or another person (Pearson). This is subjective but the D must fear serious violence

Question 6

What is the anger trigger

Answer 6

1) there must be things said or done
Side rule: sexual infidelity (Clinton)
2) the things said or done must amount to grave provocation
3) the D must have felt a sense of being seriously wronged

Question 7

What is stage 3

Answer 7

S.54(3) states would a reasonable person of the same age and gender and with a normal degree of tolerance have acted in a similar way (Holley).

Question 8

Stage 3 side rule

Answer 8

This defence cannot be used as a desire for revenge (evans)

Question 9

What is the case for the side rule revenge

Answer 9

Evans

Question 10

What is the section number for the definition of loss of control

Answer 10

S.54

Question 11

What is the section number for stage 1

Answer 11

S54.2

Question 12

What is the section number for stage 2

Answer 12

S.55

Question 13

Section number for stage 3

Answer 13

S.54(3)