Defendant lost control

• according to section 54 (2) of the coroners and justice act 2009, the loss of one's self control does not have to be sudden
• Whether the defendant lost self control will be a matter for the jury to decide, and will have to be a TOTAL loss of control and as such,h a partial loss of control will not be sufficient.
• When the jury is deciding if the defendant lost their self control, they are entitled to draw up on their life experiences when considering the evidence to decide if this requirement is satisfied.
• what is the significance of the case of r v Mohammed?

  It shows that if someone loses their temper they cannot plea loss of control, as they didn't lose their self control.
• What case shows that if someone loses their temper they cannot plead loss of control, as they lost their temper and not self-control?

  R v Mohammed
• what is the significance of the case of r v jewel?

  The fact that the defendant was unwell, sleeping badly, tired, depressed and unable to think straight is not enough to prove a loss of control.
• where the defendant had the normal degree of self-restraint and tolerance, unless the circumstances were extremely grave, then any irritation or serious anger would not come within a loss of control for the Coroners and Justice Act 2009's purposes.
• if this first component is not met, then there is no need to consider the other components.
• What case shows how the fact that the defendant was unwell, sleeping badly, tired, depressed, and unable to think straight is not enough to prove a loss of control?

  R v Jewel.