Loss of Control

Question 1

Source

Answer 1

• Replaced provocation
• S.54-56 Coroners + Justice Act 2009

Question 2

Elements

Answer 2

1 - Loss of control
2 - Recognised trigger
3 - Standard of control test

Question 3

Element 1

Answer 3

• Loss of control (cannot be revenge)
• S.54(1)(a) = loss of restraint insufficient
• S.54(2) = need not be sudden, battered spouse syndrome (Aluwahlia, Thornton, Humphreys)

Question 4

Element 2

Answer 4

• Caused by recognised trigger:
  (1) = Fear of serious violence (Martin, Aluwahlia)
  (2) = Things said or done, grave in nature, giving the D a justifiable sense of being wronged (Doughty, Camplin, Zebedee)
  (Excluded) S.56(6) = self-induced, infidelity (Clinton)

Question 5

Element 3

Answer 5

Standard of control test = would a normal person, of D’s age and gender, with a normal level of tolerance and restraint, discounting voluntary intoxication and other characteristics, have lost control in D’s circumstances