Loss of Control

Question 1

What does loss of control come under?

Answer 1

S.54 Coroners and Justices 2009

Question 2

Defendant is to be convicted of murder if (3 factors)

Answer 2

a) D’s acts in doing or being a party to the killing resulted from D’s loss of self control (subjective test)
b) The loss of self control had a qualifying trigger.
c) A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in similar way to D (objective test)

Question 3

Subjective Test - R v Jewell

Answer 3

Established that loss of control meant - “a loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning”

Question 4

R v Dawes

Answer 4

D’s loss of control does not need to be sudden, can take into consideration the cumulative impact of earlier events.

Question 5

When can the defence be used?

Answer 5

The defence can be used even where there has been a delay between the trigger incident and murder

Question 6

When is the defence NOT available?

Answer 6

Defence not available if the defendant acted out of revenge.

Question 7

R v Evans

Answer 7

Accepted revenge as “an act of retribution as a result of a deliberate and considered decision to get your own back”