loss of control

• loss of control is a partial defence to murder and if successful the defendant will be found guilty of voluntary manslaughter instead of murder.
• what section is loss of control established in?

  s54 of Coroners and Justice Act 2009
• s54 (1) Coroners and Justice Act 2009:

  where a person kills or is party to the killing of another, D is not to be convicted of murder if;

  1. D's acts or omissions resulted form a loss of control.
  2. the loss of control had a qualifying trigger
  3. person of D's sex or age might have reacted the same or in a similar way to D
• burden of proof for loss of control is on the defendant.
• firstly it must be proven that D had a loss of self control. This is a matter for the jury to decide and it must be a total loss of control.

  R V Jewell- unable to think straight was insufficient.
• under s54(2) the loss of control doesn't need to be sudden as previously seen in the defence of provocation (R V Ahluwalia)
• s55 sets out the qualifying triggers for loss of control;

  • fear of serious violence(s55(3))
  • things said or done which either constituted circumstances of an extremely grave character or caused D to have a justifiable sense of being wronged. (s55(4))
• There could also be a combination of the two qualifying triggers (s55(5))
• fear of serious violence s55(3) - R V Dawes

  they instigated the violence meaning they cannot rely on the qualifying trigger.
• things done or said s55(4) - R V Zebedee

  D lost control after looking after his ill father and killed him. Jury found that this wasn't a qualifying trigger.
• under provocation, sexual infidelity was a qualifying trigger uner loss of control. - R V Clinton.
• a desire for revenge isnt considered under s54(4) - R V Baillie
• under s54(1)(c) it is necessary for D to show that someone of d's sex or age may have reacted in the same way.
• s54(1)(c)- it is necessary to show that a person of D's sex or 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 to D'

  An objective test for the jury to consider