Loss Of Control

Question 1

What act does LoC come under?

Answer 1

S54-55 of Coroners and Justice Act 2009;
D’s act or omission in killing V resulted from a loss of control which had a qualifying trigger and a person of D’s age and sex, with self restraint and normal degree of tolerance would have reacted in a similar way.

Question 2

1. S54(2) Loss of Control

Answer 2

A loss of control has been defined as “loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning” - R v Jewell

Question 3

2. S54 (1)(b) Qualifying Trigger

Answer 3

Loss of self control must be caused by one or both of the qualifying triggers:

Trigger 1 - Fear of serious violence S55(3) - FoSV does not need to be reasonable as long as D believed it (R v Ward)

Trigger 2 - Things said or done S55(4) - TSoD must be of Extreme Graveness and give D a sense of being seriously wronged (R v Hatter)

Both triggers together S55(5)

S55(6)(c) TSoD constituting sexual infidelity is to be disregarded

S55(6)(a) & S55(6)(b) T1 and T2 are not met if incited by D to provide excuse for violence

Question 4

3. Normal Person Test S54(1)(c)

Answer 4

Would a person of D’s age and sex, with a normal level of tolerance and self-restraint, with circumstances of D, react in a similar or same way ?

Intoxication not taken into account (Asmelash)

Question 5

What happens if succeeds/fails

Answer 5

Succeeds - Voluntary Manslaughter
Fails - Murder