loss of control

• defence of loc will be raised to a charge to murder and if succesful reduce it to voluntary manslaughter
• the defence is found in s54 of the coronors and justice act 2009
• the d must kill as a result of loc
• doesn't need to be sudden (bailie)
• but the longer the time lapse the less likely to succes (ibrams v gregory)
• the loc must be caused by a qualifying trigger
• qualifying triggers are - fear- things said or done - both
• can fear violence on another - ward
• things said or done gave d a justifiable sense of being wronged - zebedde, hatter, bowyer
• a combination of both
• discuss relevent restrictions - sexual infidelity should be disregarded (dawes)
• unless essential context (clinton)
• not avalible if revenge (ibrams and gregory)
• triggers disregarded if d incited incident
• objective test- person of same age and sex react in the same way - clinton
• short temper must be disregarded ( mohammed)