Loss of control

• Statute

  S54(1) Coroner and Justice Act 2009
• Definition

  D is party to a murder but loses self- control from a qualifying trigger and someone of the same age, sex and circumstance with a normal degree of tolerance might have acted in the same way
• Loss of self-control

  S54(1)(a), loss of ability to act with considered judgement and normal powers of reasoning - R v Jewell
• Suddenness

  S54(2), no need for action to be sudden but must convince jury that they remained in a state which they couldn't control (R v Baillie)
• Act of revenge

  Shown through premeditated, does not amount
• Fear trigger

  S55(3), D fears serious violence against themselves or another identifiable person from V
• Anger trigger

  S55(4), things said or done which constituted circumstances of an extremely grave character and gave D a justifiable sense of being wronged. (R v Doughty)(R v Zebede)
• Incited things said or done

  S55(6)(a) If D incited things said or done to provide an excuse to use violence doesn't qualify, Ds fear us discarded
• Incited things to justifiable sense of fealing wronged

  S55(6)() doesn't amount to qualifying trigger
• S55(6)

  Can be a combination of fear and anger
• Sexual infedelity

  S55(6)(c) Cannot be a QT, (R v Dawes, Hatter and Bowyer).
• R v Clinton

  If other factors included other than sexual infidelity D can still use anger as a QT
• Objective test

  S54(1)(c), only circumstances that don't affect D's capacity of tolerance and self control can be considered
• Can consider

  Age and sex

  History of abuse

  Unemployment and being mocked for mental illness

  Sexual infidelity
• Age and sex

  R v Camplin
• History of abuse

  R v Hill
• Unemployment and being mocked for mental illness

  R v Gregson
• Sexual infidelity

  R v Clinton
• Cannot consider

  Voluntary intoxication

  Religion and short temper

  PTSD

  Mental illness
• Voluntary intoxication

  R v Ashmelash
• Religion and short temper

  R v Mohammed
• PTSD

  R v James and Karimi
• Mental illness

  R v Meanza