Loss of control

• Definition is in

  S54 (1) coroners and justice act

  where D kills or is party to killing of another is not to be convicted or murder if

  (a) D's acts and omissions in doing or being party to the killing resulted from loss of control

  (b) loss of self control came from a qualifying trigger

  (c)a person of the same characteristics, normal degree of tolerance and self restraint as D would've reacted the same in the circumstance
• burden of proof on defense 


  'Bare assertion not enough' R v Jewell
• loss of control doesn't need to be sudden 


  R v ahluwalia- battered wife syndrome

  s54 (2)
• delay must be a response to a qualifying trigger 


  R v Clinton - sexual infidelity ≠ trigger (case had other factors)

  s55(6 c)-> sexual infidelity does not amount to a trigger "a thing said or done amounting to sexual infidelity is to be disregarded"-> clinton was the exception
• 1. qualifying trigger( fear of serious violence)


  R v Dawes (started the violence)

  s55 (3)
• qualifying trigger (extremely grave character)s55(4)


  R v Hatter (breakdown of relationship ≠ anger threshold)
• 2. qualifying trigger (things done/said or both)s55 (4)

  Objectively decided
• revenge ≠ loss of control s54 (4)


  R v Baille
• lost control

  R v Gurpinar- "has D lost the ability to maintain his actions in accordance with considered judgement or has he lost normal powers of reasoning"
• key sections

  -> s55 (5) both fear and anger can amount to qualifying trigger

  EXCEPTIONS

  -> s55 (6a /b) - If D incited the violence he cannot use loss of control - must be to the point where he behaved in a way to use violence afterwards

  -> s54(1)- person of same characteristics and tolerance would do the same