VM: Loss of Control

Question 1

governing AoP

Answer 1

s54/55 of the Coroners and Justices Act 2009

Question 2

section 54(2)

Answer 2

1) must be a loss of control: must be total, not need to be sudden

Question 3

Jewell

Answer 3

1) a ‘considered desire for revenge’ is not a LoC

Question 4

section 55

Answer 4

2) the loss of control must have a qualifying trigger

Question 5

section 55(3)

Answer 5

2a) the “fear trigger”, where the d has a fear of serious violence against himself or another person (Ward)

Question 6

Ward

Answer 6

2a) the FT where the d had a fear of serious violence by the v against the d or someone else- s.55(3)

Question 7

Dawes

Answer 7

• 2a) the FT, the d must not have incited the violence- s.55(3)
• 2b) the AT, an accumulation of factors can be enough

Question 8

section 55(4)

Answer 8

2b) the “anger trigger” where things said/done constituted circumstances of an extremely grave character AND caused the d to have a justifiable sense of being seriously wronged

Question 9

Hatter

Answer 9

2b) the AT, a relationship break up is not enough, s.55(4)

Question 10

Bowyer

Answer 10

2b) the AT, hurtful remarks are not enough, s.55(4)

Question 11

Clinton

Answer 11

2b) the AT, sexual infidelity alone is not enough, s.55(4)

Question 12

section 54

Answer 12

3) obj test: whether a person of the d’s sex/age, with a normal degree of tolerance & self-restraint, in the same circumstances, might have reacted in a similar way

Question 13

Asmelash, Mohammed

Answer 13

3) obj test: things that relate to the ‘general capacity to exercise tolerance’ eg short temper- must be ignored

Question 14

LoC checklist

Answer 14

• s.55/54 of C&JA ‘09
• 1) s.54(2): LoC, total>sudden, revenge (J)
• 2) s.55: qualifying trigger
• 2a) s.55(3): fear trigger, W,D
• 2b) s.55(4): anger trigger, H,B,C,D
• 3) s.54: obj test, r tolerance, A,M