Loss of control

Question 1

What is the section number for loss of control?

Answer 1

S.54 Criminal Justice Act 2009

Question 2

What are the three elements of Loss of Control?

Answer 2

1. Loss of self-control - S.54(1)(a)
2. Qualifying Trigger - S.54(1)(b)
3. Standard of self-control - S.54(1)(c)

Question 3

What’s the definition of loss of control from R v Jewell?

Answer 3

Lord Rafferty: a loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning. Must be more than the accused’s bare assertion.

Question 4

What section of LOC is Ahluwalia contained in and what is it’s principle?

Answer 4

1. S.54(2)
2. Doesn’t matter if loss of control was sudden, “slow burn” loss of control.

Question 5

What section of LOC is Ibrams and Gregory contained in and what is it’s principle?

Answer 5

1. S.54(4)
2. If D acted in a considered desire for revenge they can’t rely on the defence.

Question 6

What are the two sections for the qualifying trigger for LOC?

Answer 6

1. S.55(3)- D’s fear of serious violence from the V against the D.
2. S.55(4)- A thing said or done which:
   a) constituted circumstances of extremely grave character and,
   b) caused D to have justified sense of being seriously wronged.

Question 7

What section of LOC is Dawes contained in and what is it’s principle?

Answer 7

1. S.55(6)(a)
2. D incites the violence they can’t rely on the defence

Question 8

What’s the principle from R v Hatter?

Answer 8

Circumstances are extremely grave and whether D had a justifiable sense of being seriously wronged is judged objectively. Break up of a relationship will not usually satisfy this.

Question 9

What’s the principle from R v Clinton?

Answer 9

Evidence of sexual infidelity is excluded only in relation to the qualifying trigger. If there is a trigger independent of sexual infidelity then it can come into play when the final question is addressed.

Question 10

What’s the definition from R v Camplin of standard of self-control?

Answer 10

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 similar way.

Question 11

What’s the principle from AG v Holley?

Answer 11

The fact that D is particularly ‘hot tempered’ or a low IQ is irrelevant.

Question 12

What’s the principle from R v Hill?

Answer 12

D could rely on the defence on the basis that this was a characteristic which goes to the nature and circumstances of the loss of control.

Question 13

What’s the principle from R v Van Dongen?

Answer 13

Jury might consider that the ‘reasonable man’ would have lost self-control but wouldn’t have reacted in the same way.