Loss of Control

Question 1

Describe

Loss of Control in general.

S.54 of Coroners and Justice Act 2009, S.54(1)(A), S.54(2), Dawes

Apart of LOC

Answer 1

The D kills or is party to an killing / This resulted from a loss of control / Which was a result of a qualifying trigger / Where a person of D’s same age and sex, would’ve reacted the same way.

S.54 of Coroners and Justice Act 2009 - Partial defence to murder.

S.54(1)(A) - Must be proven D lost self control when doing act that killed V.
S.54(2) - Loss of Control does not have to be Sudden.

Dawes - It is for the jury to decide if D has lost control.

Question 2

Describe

Qualifying Triggers in General

S.55

Apart of LOC

Answer 2

S.55 of the Coroners and Justice Act 2009 - LOC must be a result of one of these qualifying triggers.

Question 3

Describe

Fear Trigger

S.55(3), Ward

Apart of LOC

Answer 3

Fear Trigger

S.55(3) - D's fear of serious violence from V against D or another individual person.

Ward - This fear can be for another person and for D themselves.

Question 4

Describe

Anger Trigger

S.55(4), Hatter, Zebedee

Apart of LOC

Answer 4

Anger Trigger

S.55(4) - A thing done or saif, which constituted circumstances of an extremely grave character, and caused D to have a justifiable sense of being wronged.

Hatter - The breakdown of a relationship is not justifiably being wronged.

Zebedee - V soiling themselves is not thing of extremely grave character.

Question 5

Describe

Excluded Matters

S.54(4) + Dawes, S.55(6), Clinton and Others

Apart of LOC

Answer 5

S.54(4) + Dawes - LOC is not allowed if D acted out of revenge.

S.55(6) - Sexual Infidelity can't be a qualifying trigger. 

Clinton and Others - Sexual Infideility can be taken into account alongside other qualifying triggers.

Question 6

Describe

Standards of Self Control

S.55(1)(C)

Apart of LOC

Answer 6

S.55(1)(C) - D must show, a person of their sex or age, with normal degree of tolerance and self restraint, and in circumstances D was in, would have acted similar or in same way.

Question 7

Describe

Circumstances of the D

S.54(3), Hill

Apart of LOC

Answer 7

Sentence can be lowered to Voluntary Manslaugher in these cases.

S.54(3) - Certain circumstances can be taken into account, when deciding if D has capacity to excercise tolerance and self restraint.

Hill - D's history of being a SA victim was relevant to circumstances he found himself in when he killed, jury can consider this.

Question 8

Apply to exam question

Flip

Apart of LOC

Answer 8

The D lost control because… (what did D do?)
How long after the V’s action did D lose control? Reasonable time?

Fear Trigger (If Relevant)
D feared death or serious violence to himself/another because…. why?

Anger Trigger (If Relevant)
This was a thing done or said because….
This is/n’t extremely grave in character because…
This does or doesn’t provide D a justifiable sense of being wronged because….

Excluded Matters (If Relevant)
This was revenge/seuxal infidelity because….. this isn’t a qualifying trigger.
This can be taken into consideration alongside other qualifying triggers.

Standards of Self Control

Would a person of D, similar age or same sex, with a normal degree of tolerance and self restraint, in D’s circumstances, would/n’t have reacted in the same or similar way because….

Circumstances of D

Is there anything to affect D’s ability to excerise tolerance or self restraint?
Would the jury consider this enough?
If so, the sentence is lowered to Voluntary Manslaughter.

Therefore the D can/’t use the partial defence of LOC.